USCIS to Offer Premium Processing for Small Number of I-140s

In June 2007, USCIS suspended the availability of premium processing for all I-140 immigrant visa petitions as a result of its fear that it could not handle the volume of filings resulting from last summer's Visa Bulletin fiasco.

Beginning on June 16, 2008, USCIS will begin accepting premium processing request for a very small number of I-140 petitions that meet ALL of the following criteria:

-the foreign national employee currently holds H-1B status

-the employee will reach their 6 year "max out date" within 60 days of the filing of the I-907 prem processing request

-the employee is NOT eligible to file for one year extensions of H-1B status because a labor certification application was not filed more than one year prior to their 6 year max out date

-the employee's "priority date" under the employment-based green card quota is NOT currently available and they are ineligible to apply for adjustment of status

-the employee will only be eligible for a three year extension of H-1B status as a result of the approval of the I-140