I-140 Premium Processing Expanded a Little

Beginning March 2, 2009, USCIS will permit 15 day Premium Processing of Form I-140 employer petitions on behalf of their H-1b employees who have exhausted their six years in H-1b status but would be eligible for a three year H-1b extension because an immigrant visa is not presently available for them. The three year extension requires an approved Form I-140 petition prior to approval of the H-1b extension.

Most benefited by the new policy are beneficiaries of approved Labor Certifications who do not qualify under the Advanced Degree visa category and citizens of India and China who do. In those cases, an employee or former employee who has exhausted their 6 years may now be granted a three year extension. Until this expansion, premium processing would only be permitted in cases where the petition was filed within 60 days before the end of the sixth year of H-1b.

This is a pretty thin gruel of an expansion, but would help in cases where an H-1b worker has received a one year extension while a labor cert is pending, that case is denied, and a second labor cert is approved during that year. The new policy will permit fast track adjudication of the I-140 which, if approved, will permit filing of the 3 year H-1b extension.

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