We reported on June 11 that USCIS would resume I-140 Premium Processing under some circumstance from June 16. However, USCIS has so far rejected 60% of the new I-140 Premium Processing requests because those requests are not legitimate. USCIS only allows Premium Processing for those beneficiaries whose H-1B will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that e-year additional H-1B extension. The rejected requests are filed outside the 60 days window. In other words, the requests were filed too earlier. For the specifics about the requirements of I-140 Premium Processing, please refer to our article:

http://www.hooyou.com/news/news061308I140.html

If you want to file an I-140 Premium Processing request, please read the above article carefully. In addition, USCIS also clarified the following issues:

1. Now, I-140 Premium Processing only covers these categories:

• EB-1(a), aliens with extraordinary ability; EB-1(b), outstanding professors and researchers; excluding EB-1(c) (managers and executive transferees)
• EB-2, members of professions with advanced degrees or exceptional ability not seeking an NIW
• EB-3 (all categories)
Therefore, the new resumption policy does not apply to NIW cases.

2. The new policy is available if the beneficiary is in the U.S. in H-1B status. Those beneficiaries who have already run out of H-1B time, and who changed status or left the U.S., are not able to benefit at this time.

3. If the H-1B beneficiary is already in an extended H-1B, say the 7th year or 8th year, this policy does not apply. The current program is only available if the beneficiary is within 60 days of the end of the 6th year of H-1B time. It was originally assumed that the term “6th year” could be read to mean “last year” in H-1B time. However, USCIS has said that they will take the term “6th year” literally. Therefore, if the beneficiary is in the 7th or 8th year of H-1B time, the premium processing request may not be accepted. American Immigration Lawyer Association is discussing this issue with USCIS now, and before there is a resolution, applicants need to stick to the current policy “literally”.

Actually, our offices have been advocating for the resumption for I-140 premium services in the past several months. Many readers have helped us to push for the resumption by contacting their representative legislators. We believe we need more people to push for the resumption for all I-140 petitions to fix aforementioned issues. We still need your help to bring the big change. Please join our advocating effort at:

http://www.hooyou.com/Premium%20Service/news042908uscis.html

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
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*This article is based on the state of the law as of the posting date. It is the responsibility of the reader to verify that the law has not changed by consulting an attorney, although Zhang and Associates will make every effort to ensure that our articles are updated periodically.