premium processing on i-140s

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.

For Further Information On How We Can Help Your Firm Meet Its Employment Eligibility Verification Obligations, Please Contact Amy Wildes At

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