USCIS Service Center Operations Replies to AILA Questions (5/23/07)


1. Cap-subject cases and Premium processing: We understand from USCIS that there was no advantage in the random lottery for cases filed under premium processing. All cases received on 4-2-07 and 4-3-07 were treated equally regardless of regular or premium processing. However, it is also our understanding that a majority of the cap-subject cases were filed using premium processing. Could USCIS confirm what percentage of cap-subject cases were filed using premium processing?

A: Premium processing cases received no advantage and were no likelier to be selected in the random selection process. All filings were treated equally and all filings had an equal likelihood of being selected. It is only after the random selection process was completed that the type of filing became meaningful. If a premium filed case was selected, it would be adjudicated before a non-premium case simply due to the 15 calendar day time constraint for an adjudicative decision to be made. Due to the fact that a higher percentage of premium-filed cases vs. non-premium cases have been worked to completion thus far, there may be a perception among some that these cases received some type of advantage. However, CIS can confirm that there was no advantage to filing premium; again, all cases received the same likelihood of being selected through the random generation process.

2. USCIS issued a notice on 5-17-07 stating that premium processing for I-140 labor certification substitutions was no longer available as of 5-18-07. Could USCIS confirm whether I-907’s received on 5-18-07 would be accepted or rejected?

A: These I-907s received on May 18, 2007 will be rejected.

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