I-140 Premium Processing for H-out Situations: Update #2

(posted Jul. 18, 2008)
Great care must be taken when an I-907 is requested. Once an applicant pays the additional $1000 to have an I-140 (Petition for Immigrant Worker) expedited, it is known as an I-907 (Request for Premium Processing) which only takes 15 calendar days to process. However, the rejection rate (approximately 60%) is a good reason to insure the requirements are fully met.

Not all I-140 cases are eligible. As an example, Multinational Managers and National Interest Waivers do not qualify for premium processing. The only persons who qualify for this expedited service are those who are already in the U.S. under H-1B status. If the time permitted under the H-1B program has expired, they’ve changed status or have already left the country; they are not eligible for premium processing.

To clarify the requirements of the I-907, it is only open to those who are still within the last 60 days of their 6th year in H-1B status. This program is meant to benefit those who do not qualify for the one-year extension and need I-140 approval to stay in the U.S. Many have made the wrong assumption that the “6th year” implied “the last year” of H-1B time period. However, rulings are very strict in this matter and the “6th year” is to be taken literally. Therefore, if you have any questions about this subject, contact an immigration attorney who is fully acquainted and up-to-date with the law.