USCIS Limitations on I-140 Premium Processing

From the USCIS Website:

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. This will accord USCIS the flexibility to adapt to contingencies affecting its ability to provide Premium Processing Service. Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve:

1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;

2. Labor Certification substitution requests; and

3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).

USCIS is prescribing these additional conditions of availability on Premium Processing for Form I-140 because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.

Cite as AILA Doc. No. 06090763.