有关I-140 Premium Processing
By Jan Krasny
据移民局USCIS消息，I-140申请将开设Premium Processing加急处理程序。这与H-1BPremium Processing类似，即申请人需多缴交$1000的加急处理费用，而其申请会在15天工作日内被处理(但这并不表示申请一定会被批准) 。以下为我们将谈谈有关I-140 Premium Processing 的要求以及为何需要此程序等有关问题：
Although Premium Processing is not yet available for I-140 immigrant petitions for foreign national workers, USCIS has indicated that it should be announced soon. Premium Processing is a paid program that gives the applicant an option to pay $1,000 for expedited USCIS processing. Under Premium Processing, USCIS will process the designated form within 15 calendar days of receipt. While a decision will not necesarilly be issued within the 15 days, a USCIS offficer will review the application and determine the appropriate action. At that point the officer could approve the application, or issue any one of the following : a request for evidence (RFE), a denial, a Notice of Intent to Deny (NOID), or a notice of fraud investigation. If the notice requries the applicant to additional evidence, or a legal argument, a final decision will be made within 15 days of receipt of the applicant's response.
Once Premium Processing is initiated, it will be available for the following employment based visa petitions:
· EB1 - Aliens of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers
· EB2 - Professionals with Advanced Degrees or Exceptional Ability who are not seeking a National Interest Waiver (NIW)
· EB3 - Professionals and Skilled Workers
Because NIW petitions are complicated and require more time for review, I-140 Premium Processing will not be available for such petitions.
Why Choose Premium Processing?
Premium Processing will lead to a faster adjudication of I-140 petitions, this is beneficial to those that take advantage of AC21 portability or those that need extended time in H1B status.
One Year H1B Extensions
H1B status is granted for up to six years. However, if the worker filed a labor certification or an I-140 365 days before the expiration of the six years, the H1B employer may file to extend the H1B status for that employee beyond the sixth year. These extensions are issued in one-year increments. Under Premium Processing this doesn't apply because the time is measured from date of filing, not from the date of approval. If the I-140 petition has any problems, a person in this sitution may be disadvantaged by using the Premium Processing for the I-140 petition. If the I-140 petition was denied, an H1B extensions would not be available, unless the denial was appealed. Using Premium Processing and expediting a denial would not make one eligible for a three year extension, and it would make the one-year extension more difficult.
Three Year H1B Extensions
To be eligible for three year extension, the H1B worker must be a beneficiary of an approved I-140 petition and the case must be subject to retrogression (visa numbers unavailability). In this situation , the employer may request an extension of the H1B status beyond the sixth year in three year increments. Faster processing leading to an I-140 approval, would potentially provide an advantage to the long-time H1B worker and the employer. By gaining an I-140 approval, one can apply for a three year extension. This is more convenient and less expensive than applying each year for the one year H1B extension.
Additionally, please not that the one year filing rule doesn't apply if the I-140 petition is approved. By using the PERM labor certification process (or labor-exempt category or labor substitution) and I-140 Premium Processing, an individual could be potentially eligible for a trhee year extension in less than 365 days.
Although this option is not yet available, please stay tuned and we will inform you once it is. As can be seen Premium Processing will have some definite advantages in connection with the three year H1B extensions. Sometimes these advantages will ooutweigh the costs and should be carefully considered in cooperation with your immigration attorney.
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