Premium Processing Not Available for Certain I-140 Cases

The USCIS has terminated premium processing for I-140 Employer Petitions for cases requesting the replacement of beneficiaries. This termination was effective on Friday, May 18, 2007, and is the result of the publication of the long-expected U.S. Department of Labor (DOL) regulation terminating labor substitution cases.

In some cases once an employer has an approved Labor Certification a new employee can be replaced if the original worker is no longer with the employer.

Since the filing of Labor Certification (LC) substitution cases will end on July 16, 2007, it is anticipated that there will be a great number of such filings between May 18th and July 15, 2007. The USCIS's premium processing program (PPP) provides expedited review of a case within 15 calendar days in exchange for a $1000 USCIS filing fee surcharge. The USCIS will be unable to meet premium processing deadlines for these cases and, therefore, will be unable to offer the service. Premium processing was previously available for those substitution cases where the original labor certification was available and sent with the I-140 petition filing.

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