USCIS announced on June 11, 2008 that I-140 petitions may be processed under Premium Processing on payment of an additional fee of $1000.00 beginning on June 16, 2008!

Premium processing will be available for beneficiaries currently in H-1B status for the following persons:

o The I-140 petition must be in the EB1 (aliens of extraordinary ability and outstanding researchers and professors only), EB2 (except NIW petitions) or EB3 categories;

o The beneficiary of the I-140 will reach the 6th year limit on their H-1B stay within 60 days at the time of filing the I-907 Request for Premium Processing Service; and

o Upon approval of the I-140, the beneficiary will become eligible for a three-year H-1B extension under section 104(c) of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), which allows for up to a three-year H-1B extension where the beneficiary is otherwise eligible for permanent residence except for the fact that an employment-based preference visa is unavailable due to per country limits . Premium processing will NOT be available for beneficiaries who are eligible for one-year extensions until a decision is made on their pending labor certification, employment-based immigrant petition, or application for an immigrant visa or adjustment of status under section 106(a) of AC21.

Premium processing guarantees adjudication within 15 calendar days of receipt by USCIS. USCIS will continue to evaluate whether premium processing will become available for other petitions in the future, and we will be sure to provide information as it becomes available.