Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Premium Processing Fact Sheet

Published: Jun 12, 2008 By: USCIS Source: My Source

Premium Processing Fact Sheet: for certain Form I-140 Petitions starting June 16, 2008.



U.S. Citizenship and Immigration Services (USCIS) will make available Premium Processing Service for designated Form I-140 petitions1 (Immigrant Petition for Alien Worker) filed for alien workers in H-1B nonimmigrant status who are reaching the end of their sixth year in H-1B nonimmigrant status. Starting on June 16, 2008, USCIS will begin accepting Form I-907, Request for Premium Processing Service, for Forms I-140 filed for alien beneficiaries who, as of the date of filing the Form I-907:
  1. Are currently in H-1B nonimmigrant status;
  2. Will reach the 6th year of their H-1B nonimmigrant stay in 60 days;
  3. Are only eligible for a further H-1B extension under AC21 §104(c)2 upon approval of their Form I-140 petition; and
  4. Are ineligible to extend their H-1B status under AC21 §106(a)3.

    Under the Premium Processing Program, USCIS may place such conditions of availability for the service. See 8 CFR 103.2(f)(2). The petitioner must establish that the Form I-140 filed with Form I-907 satisfies these conditions. Filings that do not clearly meet the conditions may not receive Premium Processing Service and will be rejected as described below.

1 USCIS previously designated Premium Processing Service for I-140 petitions involving:

• EB-1 Aliens with Extraordinary Ability and EB-1, Outstanding Professors and Researchers;

• EB-2, Members of Professions with Advanced degrees or Exceptional ability (
not seeking a National Interest Waiver), and;

• EB-3 Professionals, EB-3 Skilled Workers and EB-3, Other workers.

See 71 FR 29662 (May 23, 2006).

2 The Public Law known as the American Competitiveness in the Twenty-first Century Act of 2000 (AC 21) permits up to a three-year extension of stay for an H-1B nonimmigrant alien, provided he or she is the beneficiary of an approved Form I-140 petition and otherwise eligible for lawful permanent resident status except that the employment-based preference visa is unavailable.

3 USCIS grants an H-1B extension of stay pursuant to §106(a) of AC21, in one-year increments, until such time as a final decision has been made to:

A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;

B. Deny the EB immigrant petition, or

C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.


To facilitate USCIS’s determination of whether a particular filing meets the conditions, petitioners can submit:

1. A copy of the alien beneficiary’s Form I-94, Arrival/Departure Record, reflecting

Click here to see how we can help you.