Tocci, Goss & Lee is a Human Resource law firm providing a full array of services to regional, national, and international concerns in both immigration and employment law. Our employment group counsels and represents employers in all aspects of compliance and litigation. Our immigration law practice assists America’s best businesses recruit and retain the most talented foreign professionals and skilled workers. The immigration group also represents families seeking to immigrate to the United States.
| 27 February 2009 |
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Effective March 2, 2009, Premium Processing for I-140's Expanded Back in June 2008, USCIS permitted I-140 premium processing for certain individuals who where in H-1B status and reaching their 6 year H-1B cap within 60 days of filing. As of March 2, 2009, this program has been expanded to permit I-140 premium processing for those who either have already reached their 6 year H-1B cap (and are not presently in H-1B status) OR those in H-1B status who will reach their 6 year stay cap within 60 days. With premium processing, a case is adjudicated within 15 calendar days with the filing of Form I-907 and payment of the USCIS filing fee of $1000. The following additional criteria for this program remains unchanged: 1. The beneficiary of the I-140 petition filed is in a preference category where premium processing is permitted; 2. The beneficiary is only eligible for H-1B extensions under section 104(c) of the American Competitiveness in the Twenty-first Century Act (AC21) (this permits H-1B extensions in 3 year increments for those in backlogged immigrant categories with approved I-140's); and 3. The beneficiary is ineligible for additional H-1B extensions under section 106(a) of AC21 (this permits H-1B extensions in 1 year increments for those with labor certifications or I-140's filed more than 365 days ago). The USCIS press release with more details on this topic can be found at: www.uscis.gov. |
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