May 22 2007

USCIS Will Not Accept Premium Processing for I-140s Requesting Labor Certification Substitution

Last week, USCIS announced that it will terminate Premium Processing Services for all I-140 petitions that request labor certification substitutions, as of May 18, 2007. Because labor certification substitutions will no longer be after mid-July of this year, USCIS expects to receive a large amount of I-140s with premium processing requesting labor certification substitutions. The amount of cases expected to be received will surpass USCIS’s capacity to provide premium processing for those cases.

The Department of Labor, earlier this month, amended its regulations through a final rule that will no longer allow labor certification substitutions. This final rule will take effect July 16, 2007. Premium processing guarantees that cases will be adjudicated within 15 calendar days of receipt of petitions. However, because of the volume of cases USCIS expects to receive, premium processing of these cases will not be possible; USCIS can not guarantee adjudication within 15 calendar days.