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Starting on August 28, 2006, U.S. Citizenship and Immigration Services (USCIS) will begin accepting employment-based third preference (EB-3) Professional and Skilled Worker immigrant petitions for Premium Processing Service. This will allow U.S. employers to pay a $1,000 Premium Processing fee in exchange for 15 calendar-day review of their petitions.
Employers petition for Professional and Skilled Workers in the EB-3 category using an Immigrant Petition for Alien Worker (Form I-140). Professional workers are defined as immigrants holding bachelor's degrees who are members of the professions. Skilled workers are immigrants performing skilled labor requiring at least two years of education, training or experience. Premium Processing will not be available to "other workers" in the EB-3 category for jobs that do not require at least two years of education, training or experience.
Today, USCIS is expected to issue a revised Request for Premium Processing Service (Form I-907). This new form must be used for all Premium Processing requests filed on and after August 28, 2006. Please note that USCIS will not accept any Premium Processing Service requests for Form I-140 before August 28, 2006.
Under the Premium Processing Service, USCIS guarantees employers that, for a $1,000 processing fee, it will review a petition or application within 15 calendar days of receipt. If 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. Employers 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.
In addition to being available for EB-3 Professional and Skilled Worker immigrant petitions, Premium Processing Service is still available for certain I-129, Petitions for Nonimmigrant Workers, including those for E Treaty Traders and Investors, H-1B Specialty Occupation Workers, H-2B Temporary Workers performing agricultural services, H-3 Trainees, L Intracompany 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 Trade NAFTA (TN) Professionals from Canada and Mexico.
Proskauer Rose LLP counsels corporate clients and their employees in all areas of immigration, nationality and consular law. This includes obtaining work authorizations and visas to enable companies to hire aliens or transfer personnel between nations; compliance with and defense of anti-discrimination and unlawful immigration practices; and advice and appearances in special circumstance matters such as asylum claims and removal proceedings. Much of the work involves obtaining appropriate non-immigrant or immigrant visas to enable corporations to transfer executives, managers, persons with specialized knowledge or other key personnel temporarily or permanently to the United States.
For more information contact: David Grunblatt
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