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Premium Processing is now available for most I-140 petitions.

The Premium Processing Program permits U.S. businesses and individuals to pay a $1,000 premium processing fee to expedite the processing of their case.  Within a 15 day calendar period, USCIS will either issue a favorable decision, or take other action in the form of request for additional evidence, issue a notice of intent to deny, or initiate an investigation for fraud.

I-140 petitions qualifying for premium processing include:

  • First employment based preference ("EB-1") aliens with extraordinary ability
  • First employment based preference (“EB-1”) outstanding professors and researchers;
  • Second employment based preference (“EB-2”) members of professions with advanced degrees or exceptional ability not seeking a national interest waiver
  • Third employment based preference (“EB-3”) skilled workers, professionals and other workers

Not included are First employment based preference multi-national intracompany executive and managers and Second employment based preference categories where a national interest waiver is requested.

Premium Processing Program Benefits

  • Foreign nationals who are from countries where quotas are oversubscribed, including India and China, will benefit from the premium processing program which applies to most EB-2 and all EB-3 petitions. For these foreign nationals, corporate sponsors will now be permitted to file H-1B visa extensions beyond the sixth year in H-1B status in three-year increments based upon EB-2 and EB-3 quota unavailability upon approval of the I-140.
  • While AC-21 (the American Competitiveness in the 21st Century Act) allows H-1B extensions to any permanent resident applicant who holds H-1B status in one-year increments, approval of an I-140 petition will benefit both employers and employees, allowing for extensions of H-1B visa status for a three-year period, to the foreign national.
  • For those foreign nationals not subject to quota retrogression, premium processing facilitates expeditious resolution of I-140 petition applications and thereafter enables foreign nationals to apply for permanent residence processing. Under the USCIS interpretation of AC-21, portability will attach to the foreign national once an I-140 petition has been approved and an application for adjustment of status has been pending for more than 180 days.


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Devjohn Michal

Michael Wildes and his team are highly professional and provide a great service in advising and facilitating application with USCIS. I'm very grateful to have worked with them for the second time ! Thank you very much for all your help !...

Xaver Kriechbaum

I am an Australian citizen initially wishing to travel to America for personal reasons however, after the establishment and incorporation of a business in America, I needed a working Visa. This required me to go from a B-1 visa to an E-3 Visa over a ...

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