I-140 Premium Processing Service to Resume June 29, 2009

After USCIS suspended temporarily the I-140 premium processing service on July 2, 2007, we have been constantly fielding questions on when the temporary suspension would end.  Over the past few weeks there was increased speculation that premium processing for Form I-140 would resume.   Earlier this week, USCIS confirmed that in fact premium processing for I-140 resumes effective June 29, 2009.

The main reason for the temporary suspension of the I-140 premium processing was the increased volume of I-140 applications in the summer of 2007.  USCIS has now determined that due to its backlog  reduction efforts, it can continue processing I-140s on expedited basis.

Not All I-140s Would Qualify – EB-1(c)  and EB-2 NIW Are Excluded

USCIS  has indicated that not all Form I-140 filings would qualify for premium processing.   The government will accept premium processing requests for Form I-140s involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

Premium processing service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Conclusion

With the reinstatement of premium processing for most I-140s, USCIS provides an important strategic tool for many employment-based green card applicants.  While premium processing for I-140 was available for holders of H-1B status who were in danger of “H-ing out”, the expanded scope of premium processing now allows many petitioners (and their respective beneficiaries) to speed up the I-140 process in order to gain advantage of H-1B 3-year renewal provisions or to generally speed up the processing of one’s green card application.

While upgrading a pending I-140 case to premium processing makes sense in some cases, it is not cost-justified in all cases.  We are happy to consult and help in evaluating the best course of action.