Premium Processing for I-140s Available for Certain H-1B Workers

USCIS has announced that on June 16, 2008, it will begin accepting Premium Processing Service requests for Form I-140 immigrant petitions filed on behalf of certain workers who are nearing the end of their sixth year in H-1B nonimmigrant status.

To qualify for premium processing of an I-140 petition, the beneficiary of the petition must meet all of the following as of the date of filing the premium processing request:

  • Must be currently in H-1B nonimmigrant status;
  • Must reach the 6th year maximum period of H-1B status within 60 days;
  • Must be eligible for a further H-1B extension under AC21 §104(c) upon approval of the Form I-140 petition;
  • Cannot extend his or her H-1B status under section AC21 106(a).