John Valdez’s Legal Blog

I have found that the maxim “you get what you pay for” is usually very true.  Unfortunately, the option to pay more for a service is not always available.  This unfortunate fact is certainly true with Premium Processing.  The USCIS offers a “Premium Processing” program for some, but not most of its services.

USCIS’ Premium Processing program allows foreign nationals to pay an additional $1,000 for selected case processing.  Under the program, the government promises that it will issue an approval, denial, notice of intend to deny, request for evidence, or notice of investigation for fraud or misrepresentation on a given application or petition within 15 days.  Thus, this program allows many people to obtain approval of their case in 15 days if they pay the extra $1,000 while others may have to wait for several months.  Only certain types of petitions are eligible for premium processing.

This week, the USCIS announced that it will make Premium Processing available for certain I-140 petitions.  Starting June 16, 2008, the USCIS will permit Premium Processing for I-140 petitions provided the beneficiary meets the following conditions:

• The person is currently in H-1B nonimmigrant status;
• The person will reach the sixth year of H-1B classification within 60 days;
• The person is only eligible for an extension of H-1B status beyond six years under AC21 section 104(c)* if his or her I-140 petition is approved; and
• The person is not eligible for an extension of H-1B status beyond six years under AC21 section 106(a)**. 

People about to lose eligibility for H-1B status who fit into the above-stated criteria will greatly benefit from the expansion of the Premium Processing program.  The expedited approval of their I-140 petitions may help them avoid the necessity of leaving the U.S. due to expired H-1B status.  Without premium processing, the USCIS is currently taking up to 15 months to process some I-140 petitions.  See USCIS Processing Times.

Other immigration classifications eligible for premium processing include:

• E-1
• E-2
• H-1B
• H-2B (not subject to cap)
• H-3
• L-1A
• L-1B
• L-Blanket
• O-1
• O-2
• P-1
• P-1S
• P-2
• P-2S
• P-3
• P-3S
• Q-1
• R-1
• TN1 (Canada)
• TN2 (Mexico)

The government will likely include more immigration categories in its Premium Processing program in the future. 

If you would like more information about Premium Processing, or any other immigration subject, please contact Smith & Garg’s Long Beach Immigration Attorneys.