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By: Beth Robertie, Esq.
我们的读者都知道，USCIS已经宣布在不久的将来,大部分 I-140移民申请可采用加急审理，如EB1, EB2, EB3类的申请均可，但EB2类中的国家利益豁免除外。以下就哪些申请人应该办I-140的加急审理，在办之前应该考虑些什么以及它的好处和不利之处作了详细分析：
As our readers are aware, the USCIS has announced that premium processing will be available at some time in the future for most I-140 Immigrant Visa Petitions. Please note that premium processing is not currently available and will not be available for EB-2 National Interest Waiver applicants. Premium processing will be available for all other EB-2 applicants, as well as those in the EB-1 and EB-3 categories. For more information on the new premium processing procedure, please click here. Although many beneficiaries are eagerly awaiting the availability of premium processing for their I-140s, there are some things beneficiaries should consider before proceeding with premium processing filing.
Pro: USCIS will review a premium processing application or petition within 15 calendar days of receipt and will issue a decision or Request for Evidence during that time.
Con: The fee for this expedited service is $1000.
Con II: Beneficiaries who are facing retrogression in visa numbers will remain ineligible to file I-485 Applications to Adjust Status until a visa number is available for them. Although they will be assured of their I-140 approval, beneficiaries who utilize premium processing will essentially lose access to the protection of the Child Status Protection Act (CSPA) for their dependent children who are close to aging out. For more information on the CSPA, please click here and here.
Con III: Historically, when USCIS has begun offering premium processing for a given petition, regular processing for those petitions slow. That is, an EB-1B Outstanding Researcher petition that is filed now may take 3-4 months to adjudicate. Once premium processing is introduced, it is possible that an EB-1B petition that is filed without the $1000 expedited service fee could take 8-9 months to adjudicate, or perhaps longer.
Pro: Beneficiaries will be able to rest easier knowing that their I-140 has been approved.
Con: Premium processing does not guarantee or even suggest that an applicant will get a green card sooner than if they had filed through regular processing. USCIS has indicated that they plan to discontinue concurrent filing of I-140s and I-485s when they introduce premium processing for I-140s. That means that even if a visa number is currently available for you, you cannot file your I-485 until you have received your I-140 approval. If you are in a retrogressed category, you will have to wait until a visa number is available to file your I-485. There is no indication that USCIS will ever offer premium processing for I-485 applications.
Pro: Beneficiaries who need H1B extensions beyond the sixth year will be assured easier access to three year extensions once their I-140 is approved via premium processing. Under the AC-21 legislation, H1B extensions beyond the sixth year are available in one year increments to beneficiaries who have a pending or approved Labor Certification for more than 365 days or a pending I-140 for more than 365 days. Beneficiaries who hold an approved I-140 are eligible for extensions in three year increments, regardless of how long it was pending or when the underlying Labor Certification (if any) was filed.
Con: Premium processing will expedite a decision on an I-140 petition, and that decision may well be a denial. Once a denial is received, the beneficiary will be ineligible for three year H1B extensions, and may only qualify for one year H1B extensions if the denial is appealed.
Once premium processing is available, prospective beneficiaries should carefully consider their situation before opting to file their I-140 utilizing this procedure. While it may be a good idea for some applicants, it will not be the best solution for everyone. Carefully weigh your options, and discuss your situation with an experienced immigration professional before deciding which route to take.
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