Immigration Alert: USCIS to Reintroduce Premium Processing for Most Employment-Based Immigrant Visa Petitions
6/25/2009
U.S. Citizenship and Immigration Services (USCIS) has announced that beginning June 29, 2009, it will accept requests for expedited case adjudication via “Premium Processing” service for most I-140 Immigrant Petition for Alien Worker submissions. Premium Processing results in USCIS reviewing a petition within 15 calendar days, as opposed to the current processing times of 4-21 months. Premium Processing requires the payment of an additional government filing fee of $1,000 and is requested by the filing of Form I-907, which can be done concurrently with the Form I-140 or anytime thereafter.
In the first preference category, the expedited processing service will be made available for EB-1 Outstanding Professor/Researcher and Extraordinary Ability petitions. For now, the EB-1 Multinational Manager and Executive category will not benefit from Premium Processing.
In the second preference category, Premium Processing will be an option for EB-2 Advanced Degree and Exceptional Ability petitions, but for now will not include EB-2 National Interest Waiver petitions.
Petitions in all third preference categories will be eligible for Premium Processing, including EB-3 Professionals, Skilled Workers, and Other Workers.
The benefit of Premium Processing is that the initial review of a petition will occur within as few as 15 calendar days from the date of the request. After initial review, USCIS can either approve the I-140 or issue a Request for Evidence (RFE). When an RFE is issued, case processing is halted by USCIS until the requested information is received, at which point the 15-day “clock” for case adjudication is reset at 15 days. In the rare circumstance where a case is not adjudicated within the 15-day period, USCIS must return the $1,000 Premium Processing fee.
Premium Processing service for a petition that is currently pending with USCIS can be an attractive option, especially for:
- foreign nationals in H-1B nonimmigrant status, who will be eligible to receive a three-year extension of H-1B status beyond the normal limit of six years upon approval of the
I-140. - foreign nationals whose priority date is current but are awaiting I-140 approval to proceed with immigrant visa processing at a U.S. Consulate abroad or adjustment of status to permanent residency here in the U.S. but have chosen not to file the Form I-485 adjustment application until the Form I-140 is approved. In these two circumstances, only an approved I-140 will permit the foreign national to move forward with the permanent residency process.
We remind clients who have already filed a Form I-485 that using Premium Processing to speed up the adjudication of the Form I-140 will not necessarily result in an expedited grant of permanent residency, because the Premium Processing will have no effect on a pending Form I-485, Application to Adjust Status to Permanent Residency.
For assistance in this area, please contact one of the attorneys listed below or any member of your Mintz Levin client service team.
Susan J. Cohen
Chair‚ Immigration Section
(617) 348-4468
SCohen@mintz.com
Jeffrey W. Goldman
Manager‚ Immigration Section
(617) 348-3025
JGoldman@mintz.com
Reena I. Thadhani
(617) 348-3091
RThadhani@mintz.com
Molly Carey
(617) 348-4461
MCarey@mintz.com
William L. Coffman
(617) 348-1890
WCoffman@mintz.com
Brian J. Coughlin
(617) 348-1685
BJCoughlin@mintz.com
Lorne M. Fienberg
(617) 348-3010
LFienberg@mintz.com
Marisa C. Howe
(617) 348-1761
MHowe@mintz.com
Bethany S. Mandell
(617) 348-4403
BSMandell@mintz.com
Timothy P. Rempe
(617) 348-1621
TRempe@mintz.com
