As of March 2, 2009, the USCIS announced an expansion of its Premium Processing Service to include the alien beneficiaries who, as of the date of filing the Form I-907, Request for Premium Processing Service:
- Are the beneficiary of a Form I-140, Immigrant Petition for Alien Worker, filed in certain preference categories;
- Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
- Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
- Are ineligible to extend their H-1B status under section 106(a) of AC21.
Note that section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 petition and an immigrant visa is not immediately available. Section 106(a) permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided that the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
To facilitate determination of whether a particular filing meets the requirements for Premium Processing Service, petitioners should file the following:
- Form I-907, Request for Premium Processing Service;
- Copies of all Forms I-94, Arrival/Departure Records, and I-797 H-1B or L approval notices that have been issued on the beneficiary’s behalf;
- Copy of the related Form I-140 petition receipt notice if such form was previously filed; and
- Copy of the labor certification approval letter issued by the Department of Labor, if filing under the EB-2 or EB-3 classifications.
Note that USCIS will reject any requests for Premium Processing Service where the requirements for such service are not met, and the Form I-907 will be returned along with the related fee. The Form I-140 petition then will be processed according to standard (non-premium processing) procedures.