15 Days Premium Service for I-140, I-765&I-539 Anticipated

USCIS releases in Federal Register (Vol. 71, No. 99, May 23, 2006), that it will provide premium service for the following forms: I-140 “Immigration Petition for Alien Worker,” I-539 “Application to Extend/Change Nonimmigrant Status,” and I-765 “Application for Employment Authorization.” Under premium processing service, USCIS guarantees it will process these applications within 15 calendar days for an additional processing fee of $1,000.

The addition of these new applications eligible for the premium processing will be a valuable tool for many people, especially those with an urgent timeframe to change status. For example, a great benefit of using premium processing for I-140 is to avail oneself of §104(c) of AC21 to obtain 3-year extensions of H1B status. Under the new policy, if a beneficiary has an approved I-140 petition but cannot complete the green card process due to retrogression, he can apply for a 3-year extension of H1B status at the end of the six-year H1B limitation period.

However, I-140s filed using the National Interest Waiver (NIW) provision is not currently eligible for the premium processing.

USCIS will release the effective date of this new policy in its website. We will keep you updated soon.

 

(05/25/2006)

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