![]() ![]() Are the beneficiary of a Form I-140 petition filed in a preference category that has been designed for premium processing service.However, out of the above classifications, premium processing is only available for alien beneficiaries who, as of the date of filing the Form I-907: These cases have additional processing requirements that cannot be met within the premium processing time frame. A second I-140 filing if an initial I-140 remains pending.A duplicate labor certification request (i.e., cases where the original labor certification is not included).A labor certification substitution request.Schedule A cases (nurses, physical therapists) are eligible.Įven if they fall within the EB-3 classification, the following types of cases would not be eligible for premium processing: NIW petitions are complicated and require significant time for detailed review.ĮB-3 – Skilled Workers, Professionals, Other Workers National Interest Waiver (NIW) seekers are NOT eligible for premium processing. EB-2 – Professional with Advanced Degrees, Exceptional Ability.Premium processing for an I-140 is available for the following employment-based immigrant visa classifications:Īvailable for Aliens of Extraordinary Ability and Outstanding Professors and Researchers but not for Multinational Executives and Managers ![]() Pending cases that have been issued a receipt notice can be upgraded to be premium processed at any time if desired. However, the fee for the same can be paid either by the sponsoring employer, an attorney, or by the alien beneficiary. Unless the I-140 is self-petitioned, only the employer or the attorney can file the premium processing form ( Form I-907) to request for premium processing. However, with an approved I-140, changing your job on an H-1 visa becomes easier because you can retain the priority date and an H-4 visa holder spouse can also apply for an EAD. Therefore, premium processing does not get you a green card any sooner. Moreover, premium processing may delay the regularly filed cases for people who cannot afford to pay the extra fee or choose not to do so.Įven though going through premium processing approves an I-140 faster, a person cannot file for an I-485 or do consular processing until the priority date is current. In most cases, the advantages outweigh the cost. There are pros and cons of premium processing as described in detail below. While many people would benefit from premium processing, in some categories people may actually be harmed or may not provide any real benefits by filing for premium processing. ![]() In the case of an RFE, the USCIS will make a decision within 15 days of receipt of the response. Alternatively, an officer could issue a Request for Further Evidence (RFE), a Notice of Intent to Deny (NOID), a denial, or a notice of a fraud investigation. A USCIS officer will review the application and determine the appropriate action, which in many cases would be an approval. Citizenship and Immigration Services (USCIS) will process an I-140 within 15 calendar days of receipt. Therefore, before applying for I-140 premium processing, make sure that it is currently available and applicable for you.įor an additional fee, the U.S. I-140 premium processing is available or suspended from time to time. ![]()
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