Under the Premium Processing service, USCIS has guaranteed petitioners that it will issue an approval notice, or where appropriate, a denial, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt of certain Form I-129 and Form I-140 petitions. If the petition is not processed within 15 calendar days of the receipt of the Premium Processing request, USCIS is required to refund the I-140 Premium Processing fee but will continue to process the request as part of the Premium Processing service. The form used for Premium Pro cessing is the Form I-907, Request for Premium Processing.
In addition to faster processing, petitioners may use designated Premium Processing phone numbers and e-mail addresses to check on the status of their petition, or ask any other questions they may have regarding their petition.
1. Form I-140 Premium Processing
The Form I-140, Immigrant Petition For Alien Worker, is used to petition for employment based legal permanent residence. It is the prerequisite before a foreign national worker can file for Adjustment of Status, or apply for the Immigrant Visa at a U.S. Consulate or U.S. Embassy.
I-140 Premium Processing is available for almost all employment based classifications within the Form I-140, including EB-1, EB-2, and EB-3. The only exceptions are that I-140 Premium Processing is not available for:
- EB-1, Multinational Executives and Managers and
- EB-2 NIW, Members of Professions with Advanced Degrees or Exceptional Ability seeking the National Interest Waiver.
2. How To Request USCIS Premium Processing
There are 2 ways that Employers can request I-140 Premium Processing:
- Concurrently file Form I-907 with the filing fee with the Form I-140, and send directly to the Service Center with jurisdiction over the Petitioner’s geographic location, OR
- File Form I-907 based on already pending Form I-140 petition with the Service Center where the Form I-140 is pending. In cases where the petition is already pending, the request should be accompanied by a copy of the Form I-140 receipt notice and/or transfer notice. If the Form I-140 was transferred, the Form I-907 must be sent to the transferred location, not the original location.
3. What Is The I-140 Premium Processing Filing Fee?
The Premium Processing fee is $1,225. This fee must be included with any and all requests for I-140 Premium Processing and is separate and in addition to the Form I-140 filing fee.
Use separate checks or money orders for the Premium Processing fee and the I-140 Fee. If there is a problem with Premium Processing Request, USCIS can still accept the fee for the I-140 and begin processing of the petition. If the fees are on the same check or money order and USCIS must reject the Premium Processing request, both the I-907 and I-140 will be rejected and returned to the Petitioner.
4. Who Can Request I-140 Premium Processing?
The Form I-907 may be filed only by the petitioner or the attorney/representative who has filed a notice of appearance (Form G-28) on behalf of the petitioner. The beneficiary of an I-140 petition cannot seek Premium Processing except in cases where the petition is eligible to be filed as a self-petition (i.e., EB-1 Extraordinary Ability petitions that are self-petitioned).
5. Restrictions On Ability To File I-140 Premium Processing
I-140 Premium Processing is currently not available in the following circumstances:
- A second filing of a Form I-140 petition while an initial Form I-140 remains pending
- Labor Certification substitution requests
- Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of Labor), and
- A Form I-140 petition in which a final decision has been made.
With I-140 Premium Processing, employers can seek faster processing of Form I-140 for Employment Based Green Card petitions. However, there are instances where I-140 Premium Processing may not be recommended. Therefore, it’s important to assess your specific scenario before utilizing I-140 Premium Processing.
If you have any questions regarding I-140 Premium Processing or Employment Based Green Card Schedule A Free Immigration Consultation Today >>. Our top immigration attorneys will be happy to assist you.
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