USCIS Suspends I-140 Premium Processing : July 2007
Posted Jul 06, 2007
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The USCIS suspended the premium processing option for I-140 petition for foreign worker cases as of July 2, 2007. This suspension is valid from July 2, 2007 to August 1, 2007. It was announced on June 27, 2007. See our index page for a link to the press release from USCIS that was posted on MurthyDotCom last week.
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USCIS Refusal to Accept I-140 Premium Cases
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The suspension of processing I-140 petitions during July 2007 is the result of the anticipation of a substantial increase in I-140 premium processing requests for the month of July 2007, due to the movement of visa numbers to current for the month of July. Since the USCIS did not believe it could accommodate this demand, it is suspending the program temporarily. The USCIS has the authority to suspend the premium program in such situations. The USCIS has not changed the suspension, even though the Department of State (DOS) issued a revised Visa Bulletin on July 2, 2007.
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Premium Processing Suspension Affects Only I-140 Petitions
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This temporary suspension in processing I-140s under premium processing during July 2007 only relates to I-140 filings, and not to H1B, L-1, or any of the other nonimmigrant categories that can utilize premium processing. It does apply to all I-140 categories that otherwise would be eligible for premium processing, however. As regular MurthyDotCom and MurthyBulletin readers know, premium processing is an optional USCIS service, where, for an additional premium processing fee of $1000, the case review and decision are expedited greatly and take up to 15 days (and then another 15 days if a Request for Evidence is issued).
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Possible Extension of the Date beyond August 1, 2007
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The suspension is valid through August 1, 2007. During the one-month suspension, however, the USCIS will evaluate whether it will be able to resume premium processing in August 2007. If it cannot, then it appears that the temporary suspension will be extended. Of course, since the Visa Bulletin revision changed the USCIS's anticipated workload, it is not at all clear why they would need to extend the suspension beyond July. MurthyDotCom and MurthyBulletin readers will be informed of any further announcements on this matter.