USCIS Halts Premium Processing on I-140s that request labor certification substitution

VIA AILA

May 17, 2007

USCIS TERMINATES PREMIUM PROCESSING SERVICE FOR FORM I-140 PETITIONS REQUESTING LABOR CERTIFICATION SUBSTITUTION

WASHINGTON – United States Citizenship and Immigration Services
(USCIS) announced today that beginning on Friday, May 18, 2007, it will
terminate Premium Processing Service for Form I-140 petitions that
request labor certification substitution in accordance with 8 CFR
103.2(f)(2). USCIS anticipates a substantial increase in the number of
petitioning employers that will file Form I-140 petitions requesting
Premium Processing Service and seeking labor certification substitution
prior to July 16, 2007. The volume of such petitions filed requesting
Premium Process Service is expected to exceed USCIS’ capacity to
provide the Premium Process Service according to the program guidelines.

The Department of Labor (DOL) amended its administrative regulations
at 20 CFR part 656 through a final rule, Labor Certification for the
Permanent Employment of Aliens in the United States; Reducing the
Incentives and Opportunities for Fraud and Abuse and Enhancing Program
Integrity, published in the Federal Register on May 17, 2007, which
will take effect on July 16, 2007. The DOL final rule will eliminate
the practice of substituting alien beneficiaries on approved labor
certifications filed with USCIS in support of Form I-140 petitions.
Amended 20 CFR 656.11 will mandate that the information contained in a
labor certification application may not be modified after the labor
certification application is filed with DOL. This includes the
substitution of alien names on the labor certification. Beginning on
July 16, 2007, USCIS will no longer accept Form I-140 petitions that
are supported by labor certifications that were approved by DOL for an
alien other than the alien beneficiary named on the labor certification
application.

Premium Processing Service guarantees that within 15 calendar days
of receipt of a petition, USCIS will issue either an approval notice, a
notice of intent to deny, a request for evidence or open an
investigation for fraud or misrepresentation. Due to the volume of Form
I-140 petitions that request labor certification substitution that
USCIS anticipates will be filed prior to July 16, 2007 (the date upon
which labor certification substitution will no longer be available to
Form I-140 petitioning employers), USCIS can not reasonably ensure this
level of processing service for Form I-140 petitions that request labor
certification substitution within 15 calendar days.

– USCIS –