1. What effect does the priority date have on an I-140 petition premium processing?
The priority date does not have any effect on an I-140 petition’s premium processing. To be eligible for the premium processing service for an I-140 petition, the petitioner must file Form I-907 and pay the fee of $1,225 at the same time as filing the I-140 petition.
2. How can an employer determine the priority date for an I-140 petition premium processing?
The employer can determine the priority date for an I-140 petition premium processing by checking the USCIS website. There, employers can find the latest information on case processing times, which includes the priority date for each form and classification. Additionally, employers can contact an immigration attorney or a representative from a U.S. immigration agency to find out more information about priority dates.
3. Is the priority date taken into account when filing an I-140 petition with premium processing?
Yes, the priority date is taken into account when filing an I-140 petition with premium processing. The priority date is the date on which the I-140 petition was properly filed with a fee. The priority date is important because it determines when an immigrant can apply for a green card.
4. How long does it take to receive a decision on an I-140 petition with premium processing if it has a priority date?
If an I-140 petition is filed with premium processing, a decision should be received within 15 calendar days of USCIS receiving the petition.
5. Is the priority date taken into consideration by USCIS when deciding whether or not to approve an I-140 petition with premium processing?
Yes, the priority date is taken into consideration by USCIS when deciding whether or not to approve a I-140 petition with premium processing. The priority date establishes the applicant’s place in line for an available immigrant visa. If the priority date is current, meaning the applicant is eligible to apply for an available immigrant visa, then the I-140 petition will most likely be approved if it meets all the requirements.
6. Can an employer submit a request for premium processing before the priority date on an I-140 petition?
No, an employer cannot submit a request for premium processing before the priority date on an I-140 petition. The priority date must be current in order to be eligible for premium processing.
7. Does USCIS provide quicker decision-making on I-140 petitions with priority dates than those without priority dates?
No, USCIS does not provide quicker decision-making on I-140 petitions with priority dates than those without priority dates. The priority date determines the order in which applications are processed, but it does not impact the speed of processing.
8. How much time can an employer save by using premium processing services for an I-140 petition with a priority date?
Using premium processing services can save an employer up to 15 days, as the processing time for an I-140 petition with a priority date is reduced to 15 calendar days.
9. Will USCIS consider expediting the I-140 petition process if the priority date has already passed?
No. Once a priority date has passed, USCIS does not consider expediting the I-140 petition process.
10. What qualifies as a priority date for an I-140 petition with premium processing?
A priority date for an I-140 petition with premium processing is the date the United States Citizenship and Immigration Services (USCIS) receives the I-140 petition.
11. Does USCIS consider the time it takes to receive a decision on a priority date for an I-140 petition with premium processing?
No, USCIS does not consider the time it takes to receive a decision on a priority date for an I-140 petition with premium processing. The processing time for an I-140 petition with premium processing is 15 calendar days from the date of filing.
12. Does USCIS use the priority date when deciding whether to grant an I-140 with premium processing when no other criteria is met?
No, USCIS does not use the priority date when deciding whether to grant an I-140 with premium processing when no other criteria is met. Premium processing is an optional service offered by USCIS for an additional fee that allows employers and foreign nationals to receive a decision on their I-140 within 15 days. The decision to grant or deny the I-140 is based on the merits of the case as adjudicated by the USCIS officer.
13. Does having a priority date guarantee approval of an I-140 petition with premium processing?
No, having a priority date does not guarantee approval of an I-140 petition with premium processing. The approval of an I-140 petition with premium processing depends on factors such as the quality of the evidence presented and USCIS’s evaluation of the evidence.
14. How soon can employers receive decisions on their I-140 petitions when using premium processing services and a priority date?
Employers typically receive decisions on their I-140 petitions within 15 days when using premium processing services and a priority date.
15. Does premium processing speed up the decision time for an I-140 petition if it has a priority date?
No, premium processing does not speed up the decision time for an I-140 petition that has a priority date.Premium processing can only be used to expedite the processing of a case that already meets the criteria for adjudication, such as having all necessary evidence and a current priority date.
16. Can employers submit requests for premium processing before their priority dates for an I-140 petition have been reached?
No, employers cannot submit requests for premium processing before their priority dates for an I-140 petition have been reached. The priority date must be reached before requesting premium processing.
17. What other criteria do employers need to meet in order to receive approval for their I-140 petitions with priority dates and premium processing?
In addition to meeting the criteria to receive approval for their I-140 petitions with priority dates and premium processing, employers must also provide evidence of the foreign national’s qualifications for the job offered, evidence that the employer has the ability to pay the proffered wage, and evidence that there are no qualified U.S. workers available for the position.
18. Can employers benefit from using premium processing services if they have requested expedited decisions on their I-140 petitions with priority dates?
Yes, employers can benefit from using premium processing services if they have requested expedited decisions on their I-140 petitions with priority dates. Premium processing services provide employers with fast decisions on their I-140 petitions and help them quickly move forward with sponsoring employees for permanent residency.
19. Is there any additional paperwork needed to request expedited decisions on I-140 petitions with priority dates and premium processing services?
Yes. Employers must submit a completed Form I-907, Request for Premium Processing Service, along with the I-140 petition. The form must be accompanied by the applicable filing fee and a copy of the original I-140 petition.
20. Is there any additional cost associated with requesting expedited decisions on I-140 petitions with priority dates and premium processing services?
Yes, when requesting expedited decisions on I-140 petitions with priority dates and premium processing services, there is an additional cost of $1,440. This fee is in addition to the regular I-140 filing fee.