Expansion of I-140 Premium Processing from Sep 25, 2006

The U.S. Citizenship and Immigration Services (USCIS) announced on Friday, September 22, 2006 that the Premium Processing Program (PPP) for I-140 petitions filed by employers will expand as of Monday, September 25, 2006 to certain additional employment-based (EB) categories. Three new EB categories will be eligible for premium processing, as explained below.

Background on I-140 Premium Processing

Premium processing for I-140 petitions was initially introduced on August 28, 2006. It was limited to EB3 cases, however, and excluded EB3 “other worker” cases. We reported this change in our August 18, 2006 NewsFlash, Premium Processing of EB3 I-140s Starts August 28, 2006, available on MurthyDotCom.

As regular readers of MurthyDotCom and the MurthyBulletin know, premium processing is an expedited case review in exchange for a $1000 premium processing fee. Under premium processing, the USCIS reviews a case within fifteen days of receipt. Cases that are pending and have been issued a receipt notice can be upgraded to premium processing, if desired, at any time.

Expansion of PPP from Sep 25, 2006

As of September 25, 2006, premium processing will become available to the following additional categories of candidates who were eligible to file I-140 petitions for the immigrant petition. The expansion includes certain cases that fit within the following employment-based categories, commonly referred to as the EB1, EB2, and EB3 categories.

• EB1 for Outstanding Professors and Researchers
• EB2 for Advanced Degree professionals/ Persons of Exceptional Ability (but not National Interest Waiver cases)
• EB3 for “Other Workers” (unskilled labor requiring less than 2 years of work experience to perform the job)

Cases Not Allowed to Enjoy the I-140 PPP

With this recent expansion of the I-140 petitions for premium processing, all I-140 categories will be eligible for premium processing, with the exception of EB1 (Extraordinary Ability and Multinational Executive or Transferee) and EB2 (National Interest Waiver) cases.

Conclusion

At the Murthy Law Firm, we have already witnessed that the I-140 PPP has been successfully working for EB3 cases over the last month or so. The PPP can be a valuable tool in certain instances. The pros and cons of the I-140 process and premium processing were covered in Detailed Analysis of Premium Processing for I-140s (Part I and Part II). Anyone with questions as to how premium processing applies in his or her specific situation, whether it is safer not to file under PPP, or other related issues should analyze these matters with an experienced immigration attorney. Of course, if you don’t have an immigration attorney, or wish to consult the Murthy Law Firm, you are welcome to contact us at law [at] murthy.com.