I-140 Premium Processing pros and cons

As our readers are aware, the USCIS has announced that premiumprocessing will be available at some time in the future for most I-140Immigrant Visa Petitions. Please note that premium processing is notcurrently available and will not be available for EB-2 NationalInterest Waiver applicants. Premium processing will be available forall other EB-2 applicants, as well as those in the EB-1 and EB-3categories. For more information on the new premium processingprocedure, please click here. Although many beneficiaries are eagerlyawaiting the availability of premium processing for their I-140s, thereare some things beneficiaries should consider before proceeding withpremium processing filing.

Pro: USCIS will review a premium processing application or petitionwithin 15 calendar days of receipt and will issue a decision or Requestfor Evidence during that time.
Con: The fee for this expedited service is $1000.
Con II: Beneficiaries who are facing retrogression in visa numbers willremain ineligible to file I-485 Applications to Adjust Status until avisa number is available for them. Although they will be assured oftheir I-140 approval, beneficiaries who utilize premium processing willessentially lose access to the protection of the Child StatusProtection Act (CSPA) for their dependent children who are close toaging out. For more information on the CSPA, please click here andhere.
Con III: Historically, when USCIS has begun offering premium processingfor a given petition, regular processing for those petitions slow. Thatis, an EB-1B Outstanding Researcher petition that is filed now may take3-4 months to adjudicate. Once premium processing is introduced, it ispossible that an EB-1B petition that is filed without the $1000expedited service fee could take 8-9 months to adjudicate, or perhapslonger.

Pro: Beneficiaries will be able to rest easier knowing that their I-140 has been approved.
Con: Premium processing does not guarantee or even suggest that anapplicant will get a green card sooner than if they had filed throughregular processing. USCIS has indicated that they plan to discontinueconcurrent filing of I-140s and I-485s when they introduce premiumprocessing for I-140s. That means that even if a visa number iscurrently available for you, you cannot file your I-485 until you havereceived your I-140 approval. If you are in a retrogressed category,you will have to wait until a visa number is available to file yourI-485. There is no indication that USCIS will ever offer premiumprocessing for I-485 applications.

Pro: Beneficiaries who need H1B extensions beyond the sixth year willbe assured easier access to three year extensions once their I-140 isapproved via premium processing. Under the AC-21 legislation, H1Bextensions beyond the sixth year are available in one year incrementsto beneficiaries who have a pending or approved Labor Certification formore than 365 days or a pending I-140 for more than 365 days.Beneficiaries who hold an approved I-140 are eligible for extensions inthree year increments, regardless of how long it was pending or whenthe underlying Labor Certification (if any) was filed.
Con: Premium processing will expedite a decision on an I-140 petition,and that decision may well be a denial. Once a denial is received, thebeneficiary will be ineligible for three year H1B extensions, and mayonly qualify for one year H1B extensions if the denial is appealed.

Once premium processing is available, prospective beneficiaries shouldcarefully consider their situation before opting to file their I-140utilizing this procedure. While it may be a good idea for someapplicants, it will not be the best solution for everyone. Carefullyweigh your options, and discuss your situation with an experiencedimmigration professional before deciding which route to take.