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In order to best serve our existing and new clients,
we offer a secure and complete online case management service. You can
update your information, check the status of your case anytime and from
any location. |
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The INS has launched a system for checking
the status of a case pending at a Service Center via the internet. |
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Q&A’s on Recent Expansion of USCIS Premium Processing Program (Date 11/20/2006) |
The US Citizenship and Immigration Services (“USCIS”) had decided to expand the Premium Processing program, traditionally covering I-129 petition, to Employment Related Green Card Petitions i.e., Form I-140. Here are some Questions and Answers on this expanded program. Who can seek Premium Processing Service? Only the employer or the attorney/representative may request Premium Processing Service. Exception is in cases where a person is eligible to file a self-petition (i.e., the petitioner and the beneficiary are the same). Who can pay the Premium Processing fee? What is the fee amount? How do I pay it? Employer, the attorney/representative, or beneficiary may pay the $1,000 Premium Processing fee. However the Premium Processing form cannot be signed or filed by the beneficiary himself. This fee must be submitted in a separate check or money order. This application can also be e-filed, in which case USCIS accepts credit card, debit card, or electronic transfer of funds from a checking or savings account from a U.S. bank. What applications are associated with the Premium Processing service? Only employment based applications can be filed, optionally, with Premium Processing Service. These EB applications are 2 types: - Form I-129 based (usually covering E1, E2, H-1B, H-2B, H-3, L-1, O-1, P-1, P-2, P-3, Q-1, R-1, TN etc…)
- Form I-140 based (usually covering as of 01/22/2007):
- EB-1 – Aliens of Extraordinary Ability
- EB-1 – Outstanding Researchers and Professors
- EB-2 – Members of Professions with Advanced Degree (such as Master’s or higher degree with only exception Bachelor’s and 5 years Progressive experience)
- EB-3 – Professionals (requiring bachelor’s degree), Skilled Workers (no degree but upto 2 years experience) and other workers
As of 01/22/2007, Premium Processing is not available for EB-1, Multinational Managers & Executives. How long does it take to process a Premium Processing request? USCIS will adjudicate the case within 15 calendar days of the "received date" set forth in the receipt notice. USCIS will send courtesy email notification to notify filers of premium processing case, the information regarding receipt and approval of the application request. If case is approved, employer or attorney/representative will receive e-mail notification of such. If USCIS requires additional evidence, they will fax said request to the fax number provided on the completed I-907 Request for Premium Processing Form. How to file a Premium Processing Service request? Complete and sign Form I-907, Request for Premium Processing Service. This can be filed concurrently with relevant petition or separately. If filed separately, you must include copy of Form I-129 or Form I-140 filing receipt. Where should I file a Premium Processing Service request? Usually (as of 01/22/2007) all I-140 applications are filed with Nebraska Service Center. If Premium is being filed concurrently with I-140 petition, send the package to Nebraska Service Center. If Premium is being filed separately, then take note of the service center address from the receipt notice where your application is pending and send your request to that office with copy of the receipt notice. Under the most commonly filed application scenario, for Form I-129, USCIS introduced a bi-specialization program. Under this program, various applications needs to be filed at either the California Service Center or Nebraska Service Center, as the case may be: California Service Center
P.O. Box 10129
Laguna Niguel, CA 92607 | Vermont Service Center
75 Lower Welden St.
St. Albans, Vermont 05479 | Initial and Extension
E-1, E-2
O-1 (except for Major League Sports) and O2
P-1 and P-1S support personnel (for entertainment groups only); P-2 and P-2S support personnel;
P-3 and P-3S support personnel
Q1
R1
Extension Only
H-1B (all sub-categories, except for Singapore-Chile Free Trade). | Initial Only
H-1B (all subcategories)
Initial and Extension
E-3 Australian Free Trade
H-1B1 (Singapore Chile Free Trade only)
H-2A, H-2B, and H-3
L-1A, L-1B, and L-Blanket
O-1 (for Major League Sports only)*
P-1 and P-1S (for Major League Sports only)*
TN-1 and TN-2 |
Exceptions: - If the person is a Canadian citizen applying for admission as an L-1 under the North American Free Trade Agreement, the petition may be filed at the port of entry when the person applies for admission;
- All TN (NAFTA) Form I-129’s are filed at the Vermont Service Center.
I had filed the Premium Processing request at a wrong service center. What can I do to correct this? If the request as filed at wrong service center, USCIS will not reject the filing, but instead will forward the filing to the correct service center having jurisdiction over the petition or application. For an incorrectly filed request, the 15 calendar day period will start on the date the file is received at the correct service center. Are there any limitations/conditions on Premium Processing Service? For I-140 applications, yes. Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve: (1) A second filing of a Form I-140 petition while an initial Form I-140 remains pending;(2) Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; and(3) Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor). What are the advantages of Premium Processing Service? For I-140 applications, yes. Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve: For further reading, see the USCIS press release.
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