On June 11, 2008, USCIS posted this Fact Sheet regarding the decision to make Premium Processing Service available for designated Form I-140 petitions (Immigrant Petition for Alien Worker) filed for alien workers in H-1B nonimmigrant status who are reaching the end of their sixth year in H-1B nonimmigrant status. Starting on June 16, 2008, USCIS will begin accepting Form I-907, Request for Premium Processing Service, for Forms I-140 filed for alien beneficiaries who, as of the date of filing the Form I-907:
  • Are currently in H-1B nonimmigrant status;
  • Will reach the sixth year of their H-1B nonimmigrant stay in 60 days;
  • Are only eligible for a further H-1B extension under AC21 §104(c)2 upon approval of their Form I-140 petition; and
  • Are ineligible to extend their H-1B status under AC21 §106(a)3.