On August 18, 2006, the U.S. Citizenship and Immigration Services ("USCIS") announced the addition of two new classifications to those eligible for Premium Processing Service. On September 25, 2006, the USCIS announced further expansion of the eligible classifications. The Premium Processing Service allows employers to pay a Premium Processing Fee of $1,000.00 in order to secure processing of a qualifying case within 15 calendar days.
As of August 28, 2006, the USCIS will accept requests for Premium Processing Service for I-140 immigrant petitions filed for employment-based, third preference ("EB-3") Professionals (i.e., immigrant workers with bachelor degrees who are members of the professions) and Skilled Workers (i.e., immigrants who are capable of performing skilled labor requiring at least two years of education, training or experience). As of September 25, 2006, the USCIS will accept requests for Premium Processing Service for I-140 immigrant petitions filed for: employment-based, first preference ("EB-1") for outstanding professors and researchers; for employment-based, second preference ("EB-2") Professionals (i.e., members of professions with advanced degrees or exceptional ability); and for employment-based, third preference ("EB-3") Other Workers (i.e., unskilled labor requiring less than two years of training or experience).
The USCIS guarantees that it will take action on a qualifying I-140 petition within 15 calendar days of receiving Form I-907, Request for Premium Processing Service and a Premium Processing Fee of $1,000.00. A Premium Processing Service request may be filed with the qualifying I-140 petition or may be filed in connection with a qualifying I-140 petition currently pending with a USCIS Service Center.
Premium Processing Service is not yet available for employment-based, first preference ("EB-1") extraordinary ability and multinational managers or executives or for employment-based, second preference ("EB-2") for individuals seeking a National Interest Waiver. Premium Processing may not be requested for cases that involve a second filing of a Form I-140 petition while an initial Form I-140 remains pending, a Labor Certification substitution request, or a duplicate Labor Certification request (i.e., case filed without an original labor certification from the Department of Labor).
Immigration News is an electronic publication of Parker Poe Adams & Bernstein LLP's Immigration Practice Team and is mailed to our clients and friends. Our Immigration Practice Group regularly advises clients on matters involving immigration law. Immigration News is intended to inform its readers of current trends or changes in immigration law. It does not provide answers to specific legal problems. If you have any questions concerning these or other aspects of immigration law, please feel free to contact attorneys Elizabeth Gibbes (864.253.6128 or elizabethgibbes@parkerpoe.com), Todd Rubin (919.835.4598 or toddrubin@parkerpoe.com) or Charlie Castner (843.727.2670 or charliecastner@parkerpoe.com) or paralegals Pam Estrich (919.835.4497 or pamestrich@parkerpoe.com), Belinda Cloy (704.335.9066 or belindacloy@parkerpoe.com) or Amy Schuler (704.335.9088 or amyschuler@parkerpoe.com).