February 24, 2009
USCIS today announced that beginning March 2, 2009, it will resume premium processing service for a small percentage of I-140 petitions for beneficiaries who are coming to the end of their eligibility for H-1B status and are not eligible to extend that status further without an approved I-140. Petitioners may file Form I-907 with filing fee to request premium processing service for a pending I-140. The announcement and accompanying fact sheet failed to specify which I-140 categories would be affected, but it appears likely that it would apply at least to the EB2 and EB3 categories.
According to the USCIS announcement,
Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:
- Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;
- Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
- Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
- Are ineligible to extend their H-1B status under section 106(a) of AC21.
Further clarification is expected within the next few days. To view the announcement, click here.