1. Premium Processing Criteria : Form I-140 premium processing is only available to a limited group. It is only available for those foreign nationals who are in the U.S., in the sixth year of H1B status, with sixty days or less remaining in H1B status. Additionally, the foreign national must demonstrate that they are not qualified for a seventh-year extension of the H1B under the rules allowing for one-year extensions, and that they will qualify for a three-year H1B extension if and only if the I-140 is approved.
It may be that some people are making requests simply because they do not understand the rules. There may be others who know that they do not qualify under the existing USCIS criteria for premium processing, but hope that the USCIS will accept their I-140s under premium processing and approve it faster.
2. Premium Request Problems : All of the extraneous filings simply waste the time of the USCIS and are counter productive. It is understood that, as of the time of this writing, I-140 processing in general is slow and backlogged. The desire for premium processing is certainly justified, but filing improper requests does not serve to fix this problem. In fact, it simply adds to delays by creating extra work for the USCIS.
3. NIW and EB1 Multinational Executive : Even before the USCIS suspended I-140 premium processing, certain types of cases were not eligible under the USCIS premium processing criteria. These were I-140 petitions filed requesting National Interest Waiver (NIW) as well as those in the EB1 for Multinational Executive / Manager categories. These categories continue to be ineligible for the faster processing, even if the other legal requirements are satisfied as outlined above in this article regarding the time remaining in H1B status and the other criteria. (http://www.greencardapply.com/news/news08/news08_0807.htm)
It may be that some people are making requests simply because they do not understand the rules. There may be others who know that they do not qualify under the existing USCIS criteria for premium processing, but hope that the USCIS will accept their I-140s under premium processing and approve it faster.
2. Premium Request Problems : All of the extraneous filings simply waste the time of the USCIS and are counter productive. It is understood that, as of the time of this writing, I-140 processing in general is slow and backlogged. The desire for premium processing is certainly justified, but filing improper requests does not serve to fix this problem. In fact, it simply adds to delays by creating extra work for the USCIS.
3. NIW and EB1 Multinational Executive : Even before the USCIS suspended I-140 premium processing, certain types of cases were not eligible under the USCIS premium processing criteria. These were I-140 petitions filed requesting National Interest Waiver (NIW) as well as those in the EB1 for Multinational Executive / Manager categories. These categories continue to be ineligible for the faster processing, even if the other legal requirements are satisfied as outlined above in this article regarding the time remaining in H1B status and the other criteria. (http://www.greencardapply.com/news/news08/news08_0807.htm)