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Suspended USCIS Premium Processing Services
and Unexpected Changes of Circumstances for Employment-based Immigrants

9/6/2007

The USCIS premium processing services have been suspended in a number of areas, including religious worker visa petitions, substitution I-140 petitions, and entire I-140 petitions afterwards. Each of these suspension decisions had a legitimate ground for the actions. However, in I-140 petitions, the ground for suspension was a feared flood of filings for labor certification substitution I-140 petition which ended on July 16, 2007 and again another fear of flood of I-140 petitions facing the aftermath of July 2007 Visa Bulletin fiasco to take advantage of the unusual opportunity for the immigrants to file "concurrent" cases plus the fee increase problem.

The I-140 premium processing services serves important purposes for certain employment-based immigrants who face unexpected changes of circumstances like layoffs or justifiable needs for change of employment pending I-485 applications or certain H-1B aliens who face reaching six-year H-1B limit but are not eligible for the extension of their H-1B six-year limit because they are not eligible for the 7th-year H-1B extension.

In September, the visa numbers will be available for some people, but some people may still experience their visa numbers retrogression. For these people, the three-year increment H-1B extension upon approval of I-140 petition can serve a savior in some cases to continue to stay and work in the country while they go through the rest of their immigration journey.

The third group of people who need I-140 petitions include those who need preservation of priority date such that they can transfer the priority date to another later-dated immigrant petitions down the road. Currently, the priority date cannot be retained unless the I-140 petition is approved first for the purpose of the priority date transfer. There are another group or EB immigrants who need I-140 PPS desperately. They are Schedule A, particularly allied healthcare workers, and other labor certification waiver immigrants. They are eligible for the concurrent filing but cannot fully take advantage of the foregoing benefits unless the I-140 petitions are first approved.




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