Limited I-140 Premium Processing Resumes on June 16
We wrote earlier today about the pending announcement that USCIS is restoring the possibility of filing I-140 via premium processing. As we discussed earlier, the premium processing is limited to workers who are nearing the end of their sixth year in H-1B nonimmigrant status.
The premium processing procedure will guarantee 15 calendar-day response by USCIS for a non-refundable fee of $1,000. To take advantage of the I-140 premium processing, the I-140 petition must be filed on behalf of aliens:
- who are currently in H-1B nonimmigrant visa status;
- whose sixth year will end within 60 days;
- who are only eligible for for a further extension of H-1B nonimmigrant status under section 104(c) of AC21 (permitting 3-year H-1B extensions upon approved I-140); and
- who are ineligible to extend their H-1B status under section 106(a) of AC21 (permitting 1-year H-1B extensions if I-140 or the underlying labor certification is pending for at least 365 days).
Even though the premium procedure is limited in certain cases, it brings welcome relief to a number of H-1B holders who are nearing the limit on their H-1B status. Please contact us for more information on how you can take advantage of this new rule.
