6/5/2007

Currently USCIS is not entertaining premium processing services for the following three types of I-140 cases:

1. A second filing of a I-140 petition while an initial I-140 remains pending. For instance, if EB-2 I-140 petition has been filed and pending and the employer wants to file EB-3 petition using the same underlying certified labor certification application for whatever reasons, no premium processing will be available for the second I-140 petition. 

2. Labor Certification substitution requests. 

3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor). 

USCIS blocked out these cases from the list of I-140 PPS because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period. The substitution I-140 was available for PPS until May 17, 2007 inasmuch as the original labor certification application was available. But the USCIS totally suspended all the substitution I-140 premium processing effective 05/18/2007. 

It appears that there are some people who misunderstood the USCIS announcement of termination of I-140 petitions for labor substitution. The termination is limited to the "substitution" I-140 and the premium processing services of I-140 is still available for all types of cases other than those which are listed above. There is one area of problems relating to the priority date transfer I-140 initial filing or amendment petition. Texas Service Center tends not to process such priority date transfer cases for premium processing services on the ground that they consider that such type of cases is similar to the substitution I-140 petitions. There are a number of reports that the TSC even denies the transfer of priority dates. 

Obviously, when the petitioner file a second I-140 petition to amend the approved I-140 to transfer the priority date with the original approved labor certification application, there is absolutely no reason why such cases should not be processed under the current premium processing rule. This is contrasted to a situation where the petitioner requests the priority transfer with a "copy" of certified labor certification application. In the latter situation, the premium processing should not be available under the foregoing reason #3.