With the
return of premium process for
almost all types of I-140
petitions[1], many people are seeking to have their I-140s
processed on an expedited
basis. Is this really
necessary? In most cases, it is
a waste of money and little
benefit is gained.
If someone
files a combined I-140/I-485,
there is absolutely no reason
to pay the extra $1,000 for
premium processing of the
I-140. Contrary to popular
belief, this will not expedite
the processing of the I-485 at
all. In virtually all such
cases, the person who pay the
extra fee is just wasting their
money.
If someone
is going to consular process,
however, then premium process
is a very good idea. Normal
I-140 processing today runs
from two to four months. By
cutting it down to two weeks
(assuming no RFE), the
applicant is assured of having
their final immigrant visa
interview within six months of
PERM approval – provided their
priority date is current.
If a
priority date is not current,
nor likely to become current
within the next few months,
then with few exceptions there
is no justification for paying
extra money for premium
processing. These exceptions
include cases where it is
essential to get the I-140
approved before an expected
event occurs. Such events might
include the employee changing
employers or the sponsoring
company going out of business.
In these kinds of cases, the
employee will definitely want
to get the I-140 approved prior
to the event occurring so that
the priority date gets locked
in for future use with a new
I-140.
Unless you
simply have money to burn, you
should not just reflexively
ask for premium processing
unless you have a specific
reason that you can articulate.
For some people, just getting a
decision is sufficient reason
for paying the extra $1,000 for
the CIS to do their job timely.
It is an individual decision.
You should understand, however,
that other than completing the
processing of your I-140
quickly, nothing else will be
expedited and you will still
have to wait the same length of
time for your adjustment of
status to be granted.
[1] EB1 multinational executive or manager petitions
and EB2 national interest
waiver petitions are not
included in I-140 premium
processing.