I-140 Premium Processing Expected : AILA Annual Conference 2009 Posted Jun 12, 2009 ©MurthyDotCom According to information released by high-ranking U.S. Citizenship and Immigration Services (USCIS) officials at the American Immigration Lawyers Association (AILA) Annual Conference in June 2009, the USCIS plans to fully reinstate the I-140 premium processing option in the near future. This option provides expedited case review and adjudication, in exchange for an additional $1,000 premium processing fee. The premium processing of I-140 petitions was suspended on July 2, 2007, when there was concern that the expected deluge of employment-based (EB) applications would make it impossible to provide this service. Many MurthyDotCom and MurthyBulletin readers will recall that the summer of 2007 was when the immigrant visa numbers became current. I-140 Premium Processing was reinstated on a limited basis thereafter, but has remained unavailable for most cases since July 2, 2007. ©MurthyDotCom Who Will be Eligible for I-140 Premium Processing? ©MurthyDotCom According to the information provided, I-140 premium processing procedures will be fully reinstated to allow the procedure for those categories of I-140 that were eligible before it was suspended. This topic was covered in our September 22, 2006 NewsFlash, Expansion of I-140 Premium Processing, available on MurthyDotCom. At that time, the premium processing procedure became available for I-140s in the following EB categories: EB3, EB2 (except National Interest Waivers), and EB1 Outstanding Professors / Researchers (not Extraordinary Ability or Multinational Executive Transferee). ©MurthyDotCom When Will I-140 Premium Processing Start? ©MurthyDotCom An exact date for I-140 premium processing to begin was not provided. It was indicated, however, that the timeframe would be toward the end of this summer (2009). It appears that the USCIS has been preparing for reinstatement of the I-140 premium processing by addressing the backlogs in I-140 cases. Anticipated improvements were reported to MurthyDotCom and MurthyBulletin readers in our May 8, 2009 article, USCIS Goal to Process I-140 Petitions within Four Months. The USCIS appears to be progressing toward this four-month goal, and has made improvement overall in I-140 processing times. Suspension of the process in 2007 was strictly due to an inability to provide the service because of caseload. If the I-140s are processed within four months, then in most cases employers are likely to not deem it necessary to incur an additional $1000 for the premium processing fee, unless there is another reason to do so. ©MurthyDotCom Current USCIS Policy on I-140 Premium Processing ©MurthyDotCom At the time of this writing, premium processing for I-140s is only available in limited cases. Eligibility is reserved for situations in which I-140 approvals are the only way for petitioners to become eligible for additional H1B time beyond the six-year limit. Details of the requirements are set out in our March 20, 2009 MurthyBulletin article, I-140 Premium Processing Expansion as of March 2, 2009. ©MurthyDotCom Pros and Cons of I-140 Premium Processing ©MurthyDotCom A detailed analysis of the I-140 premium processing option is available on MurthyDotCom in our July 28, 2006 article, Detailed Analysis of Premium Processing for I-140s (Part I and 2). We also advised readers of a situation in which I-140 premium processing could be detrimental. This situation involves children who are aging out by reaching 21 years of age. This is due to the fact that the time that the I-140 petition is pending helps to freeze the age of the child under the Child Status Protection Act, so that longer processing times can help an older child to obtain permanent residency with the parents. These matters are covered in our August 25, 2006 article Premium Processing I-140: Problematic for Children Aging Out, also available on MurthyDotCom. ©MurthyDotCom Conclusion ©MurthyDotCom There are many situations in which I-140 premium processing can be a valuable tool. We at the Murthy Law Firm look forward to its return, as many of our clients should be able to benefit. Developments will be reported to MurthyDotCom and MurthyBulletin readers, as they are made available. Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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