Immigration Updates: University Highlights

Premium processing is back for most I-140 petitions!

USCIS has recently resumed premium processing for most I-140 petition classifications. USCIS will now accept Premium Processing requests for Form I-140 Immigrant Petition EB-1 Petitions for Aliens of Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. Note that premium processing is not available for National Interest Waiver petitions. Premium processing means that the USCIS will make a decision on, or issue an RFE for a petition within 15 calendar days. The USCIS premium processing fee is $1000 (in addition to the I-140 filing fee of $475).

What does this mean for you?

Premium processing of the I-140 may provide several advantages. For example, if you are in the sixth year of H-1B status, an approved I-140 petition will allow you to extend H-1B status past the sixth year, in three year increments. USCIS reports that the typical I-140 processing time is now about 10 months (through the normal process). Further, the I-485 application for permanent residence cannot be approved until the I-140 is approved. An approved I-140 may ultimately allow you to receive the green card much sooner than you otherwise would. This is especially true in light of the looming visa bulletin retrogression.

EB-1 Visa Retrogression Around the Corner?

Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at Department of State (DOS) has recently reported that DOS may impose cut-off dates for India and China for the EB-1 category at the end of Fiscal Year 2009 (the new FY 2010 starts in October 2009). The EB-1 category has been current for the past several years for all countries. However, Mr. Oppenheim reports that because so many employment-based applications have been filed, a cut-off date may be established. The August visa bulletin has already been released, and shows availability for the EB-1 category for all countries. However, cut-off dates may be set for the September bulletin, which will come out in mid-August.

What does this mean for you?

If you are thinking of filing an EB-1 petition (alien of extraordinary ability or outstanding researcher/professor), and would like to file the I-140 petition and I-485 application for the green card together, file now! The EB-1 filings are highly complex and require significant preparation. A well-documented, well-prepared petition takes a lot of time to assemble, but reduces the chances of a request for evidence or denial. Further, by filing the I-485 together with the I-140 petition, family members can apply for work authorization.

About Challa Law Offices

Challa Law Offices specializes in assisting clients from many professional fields in obtaining employment-based visas (both temporary and permanent resident) for their business and academic professionals.

Our clients range from Fortune 500 corporations to start-up ventures in the information technology, business, and healthcare sectors, as well as universities and other research facilities. We have aided business executives and managers, computer and healthcare professionals (including physicians, nurses and pharmacists), renowned professors and artists, researchers and scientists both in the academic venue and in the biomedical & pharmaceutical industries, and small business owners seeking to enter the country.

Challa Law Offices is appointed by the Virginia Attorney General as special counsel for immigration law, and as such, we represent a number of universities within the Commonwealth.