Effective August 28, 2006,U.S. Citizenship and Immigration Services (USCIS) will accept Premium Processing Service for certain EB-3 immigrant visa applications. If the premium processing fee of $1,000 is paid, cases will be processed in 15 calendar days. This includes petitions involving two employment-based immigration “categories” within the third employment-based preference.

Those categories involve EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Employers file for both categories using an Immigrant Petition for Alien Worker (Form I-140). Premium Processing is not available to “other workers” in the EB-3 category for jobs that do not require two years of education, training or experience. In addition, USCIS has revised and will release a new Request for Premium Processing Services form (Form I-907), to include expansion of Premium Processing Service to the newly designated classifications.

While the new Form I-907 does not request any additional information, the updated form does include new instructions containing updated information. Starting on August 21, USCIS will make the new Form I-907 with updated instructions available for review on the USCIS website at www.uscis.gov.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If (more) the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.

In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for the designated classifications within Form I-129, Petition for Nonimmigrant Worker.

Since 2001, the Premium Processing Service has been available for several classifications within Form I-129, including E Treaty Traders and Investors, H-1B Specialty Occupation Workers, H-2B Temporary Workers performing agricultural services, H-3 Trainees, L Intra-company Transferees, O Aliens of Extraordinary Ability and those performing essential support services, P Performers and Athletes and those performing essential support services, and Q international Cultural Exchange Visitors, R Religious Workers and NAFTA Professionals from Canada and Mexico. Form I-129 petitions for those nonimmigrant worker classifications will continue to be eligible for Premium Processing Service unless the filing period has closed (for example, when the annual cap for a specific visa has been reached).

About the Author: James Root

Root Law Group is a full service, exclusive immigration law firm which handles cases in all areas of immigration and nationality law. James Root, principal attorney for Root Law Group, has dedicated his entire legal career to fighting for and protecting the rights of U.S. immigrants and their U.S. employers. He is proactive in advocating reforms to the U.S. immigration laws and policies, especially those affecting professional workers and their immediate family members.

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