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Beginning May 23, 2006, the US Citizenship and Immigration Services (USCIS) will offer an expedited processing option for certain Employment-Based Petitions and Applications. According to the USCIS’ notice in the May 23, 2006 issue of the Federal Register, this Premium Processing Service is now available for Form I–140 “Immigrant Petition for Alien Worker,” Form I–539 “Application to Extend/Change Status,” and Form I–765 “Application for Employment Authorization.”
Applicants whose cases are eligible for this service can choose to apply this benefit by paying an additional processing fee of $1,000. In turn, the USCIS guarantees it will process these petitions and applications, including the classifications within these petitions and applications, and render a result within 15 calendar days of receiving a Request for Premium Processing Service form (Form I-907).
This is great news and an added convenience for our clients. However, please note that only the designated forms and classifications within these forms are eligible for this expedited service. Unfortunately, the USCIS is unable to make the Premium Processing Service available for EB-2 National Interest Waiver (NIW) petitions. This omission in this new policy is due to the fact that these petitions are extremely intricate and usually require more than 15 days to deliberate and decide. EB-2 professionals with advanced degrees or exceptional ability who are not seeking a national interest waiver, though, do still have the option to utilize this service.
This decision by the USCIS will benefit many clients here are Zhang & Associates. The I-140 petition is the first step most of our clients take to obtain their permanent resident status through employment-based immigration, and an I-140 approval means that the applicant meets the qualification requirements for this status. This expedite service will significantly lessen the wait time for obtaining these case results, which may greatly impact some clients. For instance, clients who are considering filing both an EB-1 and an NIW petition may want to use this service to file I-140 through the EB-1 classification first. If approved, these clients would not need to spend the extra time, capital, and energy on filing the NIW. Similarly, clients in the late stage of their H-1B visas now have a better chance to obtain an I-140 approval before having to apply for another 3 years in integral or other forms of extensions.
Thus, through shortening these petition processes, the Premium Processing Service can reduce our clients’ opportunity and emotional costs in applying for their green cards, giving them better chances for achieving their immigration goals and more peace of mind.
(05/25/2006)