Mark A Ivener, A Law Corporation

USCIS Offers Premium Processing Service for Certain Immigrant Worker Petitions

U.S. Citizenship and Immigration Services (USCIS) will make available Premium Processing Service for designated Form I-140 petitions (Immigrant Petition for Alien Worker) filed for H-1B nonimmigrant workers who are reaching the end of their sixth year in H-1B nonimmigrant status. Starting on June 16, 2008, USCIS is accepting Form I-907, Request for Premium Processing Service, for I-140s filed for beneficiaries who, as of the date of filing the I-907:

  • are currently in H-1B nonimmigrant status;
  • will reach the end of their sixth year of H-1B nonimmigrant stay in 60 days;
  • are only eligible for a further H-1B extension under § 104(c) (three-year extension provision) of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) upon approval of their I-140; and
  • are ineligible to extend their H-1B status under AC21 § 106(a).(i.e., failed to file a labor certification application before the end of the final year of H-1B status)

Premium Processing Service guarantees petitioners that within 15 calendar days of receipt of a petition, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence, or a notice of investigation for fraud or misrepresentation. Because of the limitations imposed by USCIS, relatively few people will be able to take advantage of this new announcement.

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About the Author

Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.