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USCIS Started Accepting I-907 Premium Processing Service

7/2/2009

As announced, the USCIS started accepting I-907 Premium Processing Service Requests, beginning from 6/29/2009, for I-140 petitions for all categories, except the following two classifications:

1) EB-1C Multinational Corporate Executive/Manager; and

2) EB-2 National Interest Waiver.

The Premium Processing Services (PPS) will be available not only for the new I-140 filings but also the pending I-140 cases. When PPS request is filed for the pending cases, the petitioners may make it sure to enclose a copy of the Receipt Notice of pending I-140 petitions to assist the agency. Additionally, the filing will be rejected if it fits one of the following conditions.

Conditions for I-140 Petition Premium Processing Request Filing "Rejection":

Filing with an incorrect jurisdiction: Incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition;

Filing unavailable category I-140 petition: As of 06/29/2009, EB-1C and NIW I-140 petitions will remain unavailable for the PPS, as stated above.

A second filing of I-140 petition while an initial I-140 remains pending;

I-140 petition with Labor certification substitution requests;

Filing of I-140 without the original, requesting duplicate Labor certification. The situation may also involve I-140 amendment petitions without the original labor certification to recapture earlier priority dates from prior I-140 petitions because the original certified labor certification will not be readily available for adjudication within 15 calendar days. The latter practice has been adhered to particularly by the Texas Service Center.

A Form I-140 petition in which a final decision has been made. Too obvious reason.

It is a best practice to write a separate check for I-907 filing fees such that rejection of I-907 for whatever reasons will not result in rejection of entire filing including I-140 petition. It is not stated in the foregoing guidance, but PPS request signed by an alien beneficiary or a legal counsel without the petitioning employer's consent will also be rejected. Only the petitioning employer or its legal counsel with the employer's authorization can file the PPS request.




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