I am filing an I-140 downgrade case. Can my employer use premium processing?

Answer

If the PERM labor certification is at the service center where the I-140 is being filed, it appears the USCIS will honor the premium processing request. However, there have been reports of cases being rejected when a premium processing request was included. As a precaution, it may be best to file the I-140 petition without premium processing. Once the receipt is issued, one could upgrade the case to premium. At that point, even if the premium processing request is rejected, it would not impact the pending I-140 petition.  (17.Jun.2021)

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