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Premium Processing Service Expanded for Certain Form I-140 Petitions
Wednesday, 25 February 2009 12:06

Currently, only certain alien beneficiaries who are in H-1B nonimmigrant status at the time of filing may request premium processing for Form I-140. 

Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

  • Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;
  • Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
  • Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
  • Are ineligible to extend their H-1B status under section 106(a) of AC21.

Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available.  Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days. 

Premium Processing offers 15 calendar day-processing for designated employment-based petitions and applications upon request.  There is a nonrefundable fee of $1,000 for this service.  During the 15-day period, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.

More details on premium processing for Form I-140 petitions are available in a Fact Sheet in the Related Links section of this page.

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About letter of invitation

A "Letter of invitation" is supplementary information that explains a visa applicant's intended purpose of travel and often useful. A letter of invitation explaining the nature of applicant's business in the U.S. and the nature of the relationship between the inviting party and the applicant is helpful. By writing a letter of invitation, you are not legally responsible for the visitor once they get to USA, but you should provide the letter in good faith. You must give truthful information and intend to keep the promises you made in the letter.

Letter of invitation from a U.S. sponsor

Letter of invitation from a U.S. sponsor will not necessarily guarantee that the holder will receive a visa. The consular officer evaluates each visa application on its own merits according to visa law and procedures. The best help that a U.S. Citizen can give to a visitor visa applicant is to make sure that applicant has all the information they need to submit a correct application and explain fully the standards for visa issuance.