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USCIS to Resume Premium Processing For Certain Form I-140 Petitions Beginning June 16, 2008

June 11, 2008

U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status. According to the announcement, USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

  • Who are currently in an H-1B nonimmigrant status;
  • Whose sixth year will end within 60 days;
  • Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
  • Who are ineligible to extend their H-1B status under section 106(a) of AC21.

Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

For more details on Premium Processing Service for Form I-140 petitions, visit the USCIS web site at http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf.

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