I-140 filers with labor substitution, are
ineligible for premium processing under certain conditions:
- A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
- Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; and
- Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
Source, immigration-law website.