Premium Processing Service for Certain Form I-140 Petitions Begins March 2, 2009

U.S. Citizenship and Immigration Services (USCIS) will expand Premium Processing Service for designated Forms I-140, Immigrant Petition for Alien Worker to include alien beneficiaries who have reached or are reaching their limitation of stay in H-1B nonimmigrant status. Currently, only certain alien beneficiaries who are in H-1B nonimmigrant status at the time of filing may request Form I-140 Premium Processing Service.

Starting on March 2, USCIS will accept the Form I-907, Request for Premium Processing Service, for Forms I-140 filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

1.         Are the beneficiary of a form I-140 petition filed in a preference category that has been designated for premium processing service;

2.         Have reached the 6^th year statutory limitation of their H-1B stay, or will reach the end of their 6^th year of H-1B stay within 60 days of filing;

3.         They are only eligible for a further H-1B extension upon approval of their Form I-140 petition as prescribed by American Competitiveness in the Twenty-first Century Act (AC21) provisions 104(c)¹; and

Source:AILA