Can I file my EB3 downgrade case using premium processing?


UPDATE: The American Immigration Lawyers Association (AILA) reports that some members have successfully made premium processing requests with I-140 downgrade petitions. However, many others have reported that their premium processing requests were rejected, and some even had their entire petitions rejected because of the accompanying premium processing requests.

At this point, the suggestion is to file the I-140 petition without premium processing, and wait for the receipt notice. Once the receipt is issued, if the petitioning employer wishes to request premium processing on the pending I-140, it may do so. The premium processing request may still be rejected, but this would not negatively impact the pending I-140 petition. (23.Oct.2020).

In order to file any I-140 petition using premium processing, one typically must have the original PERM labor certification. Therefore, it normally is not possible to file a downgrade case using premium processing as the original PERM LC was submitted with the previous I-140 (i.e., the EB2 I-140). (15.Oct.2020)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.


Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.