In our Immigration Law Counsel Group, we prepare paperwork for the so called premium processing, which may shorten the consideration time for certain types of applications. It is available only for a few options, but may be usedful. Special USCIS fees apply. Whenever possible, we would not use this special procedure, however.
Premium Processing Option
The excerpts from the explanations, published by USCIS, are quoted below. Those decisions provide the guidance as to how USCIS decides matters before it.
Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.
Who is eligible?
The chart below sets forth the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.
Form I-129, Petition for Nonimmigrant Worker
Designated Classification Within Form I-129
Corresponding Nonimmigrant Visa Classification
* Availability Date
** Termination Date
Treaty Trader
E-1
June 1, 2001
Treaty Investor
E-2
June 1, 2001
Alien in Specialty Occupation
H-1B CAP
July 30, 2001
May 26, 2006 (FY 07)
August 10, 2005 (FY 06)
Alien in Specialty Occupation, Advanced Degree Exception (Masters or Higher)
H-1B CAP
July 30, 2001
July 26, 2006 (FY 07)
January 17, 2006 (FY 06)
Alien in Specialty Occupation
H-1B NON-CAP
July 30, 2001
Temporary Worker performing nonagricultural services
H-2B CAP
June 1, 2001
November 28, 2006 (1st half, FY 07)
Temporary Worker performing nonagricultural services
H-2B NON CAP
June 1, 2001
Trainee
H-3
June 1, 2001
Intracompany Transferee, Executive or Manager Capacity
L-1A
June 1, 2001
Intracompany Transferee, Specialized Knowledge Professional
L-1B
June 1, 2001
Form I-140, Immigrant Petition for Alien Worker
Designated Classification Within Form I-140
Corresponding Employment-Based (EB) Immigrant Visa Classification
Availability Date
Termination Date
Aliens of extraordinary ability
EB-1
November 13, 2006
*** Until Further Notice
Outstanding professors and researchers
EB-1
September 25, 2006
*** Until Further Notice
Multinational executives and managers
EB-1
Not Yet Available
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver
EB-2
September 25, 2006
*** Until Further Notice
Skilled workers***
EB-3
August 28, 2006
*** Until Further Notice
Professionals***
EB-3
August 28, 2006
*** Until Further Notice
Workers other than skilled workers and professionals
EB-3
September 25, 2006
*** Until Further Notice
*** (if designated as available, please also see section on additional conditions placed on Premium Processing Availability)
