View Full Version : 140 Premium processing with substitute labor

09-20-2006, 05:00 PM
Dear Gurus,

Is it possible to file I-140 under premium processing with substitute EB3 labor?

09-20-2006, 05:01 PM
Substitue labor is excluded

09-20-2006, 05:04 PM
thanks Abd.

09-20-2006, 05:21 PM
USCIS clairified today, No

09-20-2006, 11:43 PM
The USCIS provided further clarification and instructions on I-140 premium processing following the initial announcement. They listed three types of cases that are not eligible for premium processing, even if they are within the EB3 preference category. These are:

a second I-140 filing, if an initial I-140 remains pending

a labor certification substitution request

a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)

These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 “other worker” cases which, as mentioned above, are not eligible for premium processing.

Go through the below link