Premium Processing for I-140 Expected
Posted Jan 11, 2002

The INS California Service Center (CSC) indicated during its December 4, 2001 liaison meeting with representatives of the American Immigration Lawyers Association (AILA) that premium processing of I-140s is anticipated in the near future. The CSC stated that premium processing and concurrent I-140/I-485 processing is anticipated at the earliest by spring of 2002.

The premium processing procedure is currently available for employment- based, non-immigrant applications, including H1B (temporary professional worker) and L-1 (Intra-company transferee). This program went into effect in June and July 2001. Under the premium-processing program, applicants pay an additional filing fee of $1,000 and file Form I-907 (Request for Premium Processing Service). In exchange for the $1,000, the INS guarantees processing within 15 days. The money is refunded if the INS fails to meet its 15-day deadline. Processing does not necessarily mean approval. Processing includes approval, notice of intent to deny, a request for evidence or a notice of investigation. The Law Office of Sheela Murthy has found that the vast majority of H1B cases filed by our Office are approved under premium processing within less than 15 days. The premium processing service does not appear to be interfering with or delaying the processing of cases filed under standard procedures.

Another benefit of the cases under premium processing is eMail communication and a dedicated telephone number. Any of our readers who have tried to contact the INS via the general Service Center numbers will appreciate the benefit of this service. The eMail communication includes the transmission of INS notices via eMail.

We welcome any process that would expedite the protracted green card process. While the Vermont Service Center has greatly improved I-140 processing times recently, this is not the case nationwide. The MurthyBulletin and MurthyDotCom will provide updated information on this important topic as it is released via official channels.