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USCIS Provides Clarification on the Changes to I-140 Premium Processing Service for H-1B Nonimmigrants 

The Form I-140 Premium Processing Service expansion commencing on March 2, 2009, will allow Form I-140 petitioners to request Premium Processing Service 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.
 
Please note the changes to the I-140 Premium Processing Program do not  expand the types of I-140 petitions eligible for premium processing service.

USCIS Update and Fact Sheet

 

 

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