Beginning March 2, 2009, USCIS will accept Form I-907 for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

• Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;
• Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
• Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
• Are ineligible to extend their H-1B status under section 106(a) of AC21.

Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

Premium Processing offers 15 calendar day-processing for designated employment-based petitions and applications upon request. There is a nonrefundable fee of $1,000 for this service. During the 15-day period, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.

Later, American Immigration Lawyers Association USCIS Service Center Operations has provided the following clarification to AILA liaison on the changes to I-140 premium processing for H-1B nonimmigrants effective March 2, 2009.

The Form I-140 Premium Processing Service (PPS) expansion commencing on March 2, 2009, will allow Form I-140 petitioners to request PPS for petitions filed for alien beneficiaries who are abroad, or who are currently in a nonimmigrant status other than H-1B, provided that the alien beneficiary, as of the date of filing the Form I-907:

a. Is the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;

b. Has reached the sixth-year statutory limitation of H-1B stay, or will reach the end of the sixth year of H-1B stay within 60 days of filing;

c. Is only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and

d. Is ineligible to extend H-1B status under section 106(a) of AC21.

For more details on premium processing for I-140 petitions, please contact your own attorney or contact Xielaw.