Notice of Designation of Certain Employment-Based Petitions and Applications as Eligible for Premium Processing Service, 29662-29665 [06-4755]
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29662
Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Center for Scientific Review; Amended
Notice of Meeting
Notice is hereby given of a change in
the meeting of the Prokaryotic Cell and
Molecular Biology Study Section, June
21, 2006, 8:30 a.m. to June 22, 2006,
6:30 p.m., St. Gregory Hotel, 2033 M
Street, NW., Washington, DC 20036
which was published in the Federal
Register on May 11, 2006, 71 FR 27505–
27507.
The meeting will be held on June 20,
2006 to June 21, 2006. The meeting time
and location remain the same. The
meeting is closed to the public.
Dated: May 17, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 06–4784 Filed 5–22–06; 8:45 am]
BILLING CODE 4140–01–M
Processing Service: Form I–140
‘‘Immigrant Petition for Alien Worker,’’
Form I–539 ‘‘Application to Extend/
Change Status,’’ and Form I–765
‘‘Application for Employment
Authorization.’’ Under Premium
Processing Service, U.S. Citizenship and
Immigration Services guarantees that it
will process designated petitions and
applications, and classifications within
these petitions and applications that
U.S. Citizenship and Immigration
Services makes available for the service,
within 15 calendar days for an
additional processing fee of $1,000.
DATES:
This Notice is effective May 23,
2006.
FOR FURTHER INFORMATION CONTACT:
Kristina Carty-Pratt, Adjudications
Officer, Business and Trade, Office of
Programs and Regulations Development,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, 111 Massachusetts Avenue,
NW., 3rd Floor, Washington, DC 20001,
telephone (202) 272–8400.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
I. Background
U.S. Citizenship and Immigration
Services
[CIS No. 2350–05; DHS Docket No. USCIS–
2005–0039]
RIN 1615–ZA20
Notice of Designation of Certain
Employment-Based Petitions and
Applications as Eligible for Premium
Processing Service
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice designates the
following forms as eligible for Premium
U.S. Citizenship and Immigration
Services (USCIS) offers expedited
processing of certain employment-based
petitions and applications (hereinafter
collectively referred to as ‘‘Forms’’)
through its Premium Processing Service.
For an additional processing fee of
$1,000, Premium Processing Service
guarantees that USCIS will process
designated Forms, and designated
classifications within these Forms,
within 15 calendar days of receiving a
Request for Premium Processing
Service, Form I–907. See Immigration
and Nationality Act (INA) sec. 286(u), 8
U.S.C. 1356(u); 8 CFR 103.2(f). USCIS
designates Forms and classifications
within these Forms as eligible for
Premium Processing Service through
notices published in the Federal
Register. 8 CFR 103.2(f)(2).
USCIS, by an interim rule published
elsewhere in this issue of the Federal
Register, has revised its procedures for
designating Forms and classifications
for Premium Processing Service.
Pursuant to those revised procedures,
USCIS is issuing this Notice to designate
the following Forms and certain
classifications within these Forms as
eligible for Premium Processing Service:
Form I–140 ‘‘Immigrant Petition for
Alien Worker,’’ Form I–539
‘‘Application to Extend/Change
Nonimmigrant Status,’’ and Form I–765
‘‘Application for Employment
Authorization.’’ The designated
classifications within these Forms that
will be eligible for Premium Processing
Service are described under the ‘‘Form
Designations’’ heading of this
SUPPLEMENTARY INFORMATION.
USCIS will specify the dates on which
the availability of Premium Processing
Service for these designations begins
and ends, and any other applicable
conditions of availability for premium
processing, via the USCIS Web site at
https://www.uscis.gov.
II. Designations
A. Form I–140
Form I–140 is a petition filed with
USCIS as the first step to obtaining
permanent resident status based on
employment. Form I–140 is filed by or
on behalf of aliens seeking status within
certain employment-based immigrant
visa classifications created by section
203(b) of INA, 8 U.S.C. 1153(b). USCIS
approval of a Form I–140 establishes
that the alien seeking permanent
resident status and, if applicable, his or
her sponsoring employer, meet the
qualification requirements. USCIS is
designating the following classifications
within Form I–140 as eligible for
Premium Processing Service:
Corresponding employment-based
immigrant visa
classifications1
Aliens of extraordinary ability ..................................................................................
EB–1 .....................
Outstanding professors and researchers ................................................................
EB–1 .....................
Multinational executives and managers ..................................................................
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Designated classifications within Form I–140
EB–1 .....................
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver.
Skilled workers ........................................................................................................
EB–2 .....................
Professionals ...........................................................................................................
EB–3 .....................
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15:14 May 22, 2006
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EB–3 .....................
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Statutory description of immigrant visa
classifications
INA 203(b)(1)(A), 8 U.S.C.
1153(b)(1)(A).
INA 203(b)(1)(B), 8 U.S.C.
1153(b)(1)(B).
INA 203(b)(1)(C), 8 U.S.C.
1153(b)(1)(C).
INA 203(b)(2)(A), 8 U.S.C.
1153(b)(2)(A).
INA 203(b)(3)(A)(i), 8 U.S.C.
1153(b)(3)(A)(i).
INA 203(b)(3)(A)(ii), 8 U.S.C.
1153(b)(3)(A)(ii).
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Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Notices
Designated classifications within Form I–140
Corresponding employment-based
immigrant visa
classifications1
Workers other than skilled workers and professionals ...........................................
EB–3 .....................
29663
Statutory description of immigrant visa
classifications
INA 203(b)(3)(A)(iii), 8 U.S.C.
1153(b)(3)(A)(iii).
1 ‘‘EB’’ stands for ‘‘Employment-Based.’’ The numbers 1, 2 or 3 correspond to the visa classifications described in sections 203(b)(1), (2), and
(3) of the INA, 8 U.S.C. 1153(b)(1), (2), and (3).
USCIS is not designating EB–2
National Interest Waiver petitions as
eligible for Premium Processing Service.
See INA sec. 203(b)(2)(B), 8 U.S.C.
1153(b)(2)(B); 8 CFR 204.5(k)(4)(ii).
These petitions are very complex and,
therefore, require more than 15 calendar
days to adjudicate.
B. Form I–539
Form I–539 is an application filed by
aliens in the United States who are
applying for an extension of stay in their
current nonimmigrant status or for a
change of nonimmigrant status. See 8
CFR 214.1(c)(2) (extensions of stay); 8
CFR 248.3(b) (change in nonimmigrant
status). Depending on the status
requested, Form I–539 may be filed by
a ‘‘principal’’ alien or by a ‘‘dependent’’
of a principal alien. USCIS uses the term
‘‘principal’’ alien to refer to an alien
seeking to obtain status in the United
States based upon his or her eligibility
for a particular visa classification.
USCIS uses the term ‘‘dependent’’ to
refer to an alien seeking to obtain status
in the United States as a close relative,
usually a spouse or child, of a
‘‘principal’’ alien. See INA sec.
101(a)(15), 8 U.S.C. 1101(a)(15).
USCIS is designating the Form I–539
for use in changing to or extending
status in the following classifications
within Form I–539 as eligible for
Premium Processing Service:
Corresponding
nonimmigrant visa
classification 2
Designated classification within Form I–539
Business visitors who are personal or domestic servants or foreign airline employees eligible for employment authorization pursuant to 8 CFR
274a.12(c)(17).
Exchange visitors who are professors, scholars, trainees, teachers, specialists,
alien physicians, international visitors, government visitors, camp counselors,
au pairs, and summer work travel (Applicable to those changing status only.
Extensions of stay are requested through the Department of State.)
Dependents of designated J–1 exchange visitors (Applicable to those changing
status only. Extensions of stay are requested through the Department of
State.)
Dependents of E–1 treaty traders ...........................................................................
B–1 ........................
Dependents of E–2 treaty investors ........................................................................
E–2 ........................
Dependents of H–1B specialty occupation workers, H–2B temporary skilled or
unskilled workers, or H–3 trainee or special education trainee program workers.
Dependents of principal L–1 intracompany transferees (managers or executives
(L–1A) or aliens with specialized knowledge (L–1B)).
Dependents of O–1 aliens with extraordinary ability in the arts, sciences, business, education or athletics, or O–2 essential support aliens.
Dependents of P–1 internationally recognized athletes or members of an internationally recognized entertainment group, P–2 artists or entertainers in a reciprocal exchange program, P–3 artists or entertainers in a program which is
culturally unique, or any P–1, P–2, or P–3 essential support alien.
Dependents of R–1 temporary workers in a religious occupation ..........................
H–4 .......................
Dependents of TN nonimmigrants pursuant to the North American Free Trade
Agreement (NAFTA).
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2 The
J–1 ........................
Statutory description of nonimmigrant
visa
classification
INA 101(a)(15)(B)(i), 8 U.S.C.
1101(a)(15)(B)(i).
8 CFR 274a.12(c)(17)
INA 101(a)(15)(J), 8 U.S.C.
1101(a)(15)(J).
J–2 ........................
INA 101(a)(15)(J), 8 U.S.C.
1101(a)(15)(J).
E–1 ........................
INA 101(a)(15)(E)(i), 8 U.S.C.
1101(a)(15)(E)(i).
INA 101(a)(15)(E)(ii), 8 U.S.C.
1101(a)(15)(E)(ii).
INA 101(a)(15)(H), 8 U.S.C.
1101(a)(15)(H).
L–2 ........................
O–3 .......................
P–4 ........................
R–2 .......................
TD .........................
INA 101(a)(15)(L), 8 U.S.C.
1101(a)(15)(L).
INA 101(a)(15)(O)(iii), 8 U.S.C.
1101(a)(15)(O)(iii).
INA 101(a)(15)(P)(iv), 8 U.S.C.
1101(a)(15)(P)(iv).
INA 101(a)(15)(R), 8 U.S.C.
1101(a)(15)(R).
INA 214(e)(2), 8 U.S.C.
1184(e)(2).
nomenclature used in this column can be found in 8 CFR 214.1(a)(2).
The above classifications all relate to
aliens who are eligible for employment
authorization, employment authorized
incident to status, or the dependents of
such aliens. See 8 CFR 274a.12(b) and
(c).
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16:41 May 22, 2006
Jkt 208001
C. Form I–765
Form I–765 is an application filed by
aliens who are employment authorized
incident to status and are seeking an
Employment Authorization Document
(EAD), or aliens eligible for employment
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Frm 00058
Fmt 4703
Sfmt 4703
authorization who are seeking both a
grant of employment authorization and
an EAD. See 8 CFR 274a.12(a) and (c).
USCIS is designating the following
classification within Form I–765 as
eligible for Premium Processing Service:
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Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Notices
Designated classification within Form I–765
Corresponding employment-based
(EB) immigrant
Visa classification
Statutory description of immigrant Visa
classification
Aliens whose Form I–485, Application to Register Permanent Residence or Adjust Status, that is supported by an employment-based immigrant visa petition,
is pending with USCIS and who are requesting a renewal of employment authorization.
EB–1 to EB–5
(with Form I–485
pending).
INA 203(b), 8 U.S.C. 1153(b).
INA 245(a), 8 U.S.C. 1255(a).
8 CFR 274a.12(c)(9).
USCIS has determined that this
classification falls within its authority
in section 286(u) of the INA, 8 U.S.C.
1356(u), to provide Premium Processing
Service to employment-based Forms. An
approved Form I–765 would allow those
aliens seeking to adjust status to that of
a lawful permanent resident based on
employment to accept new employment
or continue their current employment
while their adjustment application
remains pending. Therefore, in this
context, Form I–765 qualifies as an
employment-based application as
required by section 286(u) of the INA,
8 U.S.C. 1356(u).
In addition, extending Premium
Processing Service to this classification
will enable USCIS to improve its
services to its business customers (i.e.
employers who are sponsoring foreignborn workers). Using premium
processing fees to provide services to
business customers is another statutory
requirement in section 286(u) of the
INA, 8 U.S.C. 1356(u). These business
customers want to be assured that their
foreign-born workers will not have a
break in employment or consider
employment elsewhere. Allowing
principal aliens and their dependents to
secure renewal of employment quickly
while their adjustment of status
application remains pending, should
ensure that the petitioning employers’
sponsorship of the principal alien will
continue until he or she has obtained
lawful permanent resident status. This
also should ensure that the principal
alien can continue to work for the
sponsoring employer for some time
thereafter.
III. Concurrently Filed Applications
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The adjudication of some immigration
forms relies upon the processing of
other related forms. This is true of Form
I–539 designated by this Notice. This
section of the Supplementary
Information discusses issues relating to
this designation and related forms.
A. Concurrent Filing of Form I–765 With
Form I–539
For aliens seeking an EAD from
USCIS, Form I–765 normally cannot be
filed until after the underlying petition
or application has been approved. See 8
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15:14 May 22, 2006
Jkt 208001
CFR 274a.1; 8 CFR 274a.13. USCIS has
determined that, as a courtesy, it will
permit certain classifications within
Form I–539 designated by this Notice to
file Form I–765 concurrently with Form
I–539 that they are filing via Premium
Processing Service. These classifications
are: B–1 personal or domestic servants;
B–1 airline employees; E–1 or E–2
dependent spouses; and L–2 spouses.
Premium Processing Service, however,
only applies to Form I–539; therefore,
USCIS cannot guarantee that the
concurrently filed Form I–765 will be
processed within the same 15 calendar
day period as Form I–539.
B. Concurrent Filing of Form I–539 for
Dependents of Aliens With Forms I–129
Filed Under Premium Processing
Service
As a courtesy, USCIS currently
provides 15 calendar day processing for
a dependent’s Form I–539 concurrently
filed with the principal alien’s Petition
for a Nonimmigrant Worker (Form I–
129) for which an employer has
requested Premium Processing Service,
without charging an additional $1,000
premium processing fee. Form I–129 is
filed by employers seeking
nonimmigrant workers who are either
outside the United States or are
changing status or extending their stay
within the United States to perform
temporary services or labor, or to
receive training. See 8 CFR 214.1(c); 8
CFR 214.2(e), (h), (l), (o), (p) & (q); 8 CFR
248. Employers may request Premium
Processing Service for Form I–129
within one of the following
classifications: E–1 Treaty Trader; E–2
Treaty Investor; H–1B Temporary
Worker with Specialty Occupation; H–
2B Temporary Worker; H–3 Trainee; L–
1 Intracompany Transferee; O–1 and O–
2 Aliens of Extraordinary Ability or
Achievement; P–1, P–2, and P–3
Athletes and Entertainers; Q–1
International Cultural Exchange Alien;
R–1 Temporary Worker in Religious
Occupations; and TN NAFTA
Professional. See 66 FR 29682, 29683
(June 1, 2001).
While this Notice designates Form I–
539 for Premium Processing Service
with respect to many of the dependent
classifications associated with these
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Frm 00059
Fmt 4703
Sfmt 4703
principal alien classifications, USCIS
nevertheless will continue the courtesy
practice of processing Forms I–539
within 15 calendar days for any
dependent classification filed
concurrently with the principal alien’s
Form I–129 for which Premium
Processing Service has been requested.
Premium Processing Service only will
apply to the Form I–129. Therefore,
while USCIS may process a
concurrently filed Form I–539 within
the 15 calendar day Premium Processing
Service period, USCIS does not
guarantee such processing. USCIS will
not issue a refund of the $1,000
premium-processing fee submitted with
the concurrently filed Form I–129 if the
Form I–539 is not processed within 15
calendar days.
To ensure 15 calendar day processing
rather than rely on courtesy processing,
dependents filing eligible Forms I–539
should file a separate request for
Premium Processing Service and $1,000
processing fee.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995, Public Law 104–13, 109 Stat.
163 (1995), all Departments are required
to submit to the Office of Management
and Budget (OMB), for review and
approval, any reporting or
recordkeeping requirements. This
Notice does not impose any new
reporting or recordkeeping requirements
under the Paperwork Reduction Act.
USCIS anticipates that this Notice
will increase the number of requests for
Premium Processing Service using Form
I–907. In calculating the overall burden
this requirement will place upon the
public, USCIS estimates an annual
increase in the number of requests for
Premium Processing Service of
approximately 25%. USCIS has
estimated that it will take approximately
0.25 hours to comply with the
requirements of Form I–907.
Accordingly, USCIS will submit the
required Paperwork Reduction Change
Worksheet (OMB–83C) to OMB
reflecting the increase in the number of
respondents.
E:\FR\FM\23MYN1.SGM
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Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Notices
Dated: May 4, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06–4755 Filed 5–22–06; 8:45 am]
manufactured housing construction and
safety standards and procedural and
enforcement regulations, and with
developing proposed model installation
standards.
BILLING CODE 4410–10–P
Tentative Agenda
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4665–N–30]
Meeting of the Manufactured Housing
Consensus Committee
A. Welcome and Introductions.
B. Departmental Status Reports.
C. Full Committee Meeting.
D. Public Testimony.
E. Reports and Actions on Committee
Work.
F. Adjourn.
Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Notice of upcoming meeting.
rmajette on PROD1PC67 with NOTICES
AGENCY:
Dated: May 12, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
[FR Doc. E6–7807 Filed 5–22–06; 8:45 am]
SUMMARY: This notice sets forth the
schedule and proposed agenda of an
upcoming meeting of the Manufactured
Housing Consensus Committee (the
Committee). The meeting is open to the
public and the site is accessible to
individuals with disabilities.
DATES: Meetings will be held on
Wednesday, June 14, 2006, 8 a.m. to 5
p.m.; Thursday, June 15, 2006, 8 a.m. to
5 p.m., and Friday, June 16, 2006, 8 a.m.
to 11 a.m. eastern standard time.
ADDRESSES: These meetings will be held
at the Holiday Inn Select Chantilly &
Dulles Expo and Conference Center,
4368 Chantilly Shopping Center,
Chantilly, Virginia 21053, telephone
(703) 815–6060.
FOR FURTHER INFORMATION CONTACT:
William W. Matchneer III, Associate
Deputy Assistant Secretary for
Regulatory Affairs and Manufactured
Housing, Office of Manufactured
Housing Programs, Department of
Housing and Urban Development, 451
7th Street, SW., Washington, DC 20410,
telephone (202) 708–6409 (this is not a
toll-free number). Persons who have
difficulty hearing or speaking may
access this number via TTY by calling
the toll-free Federal Information Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is provided in accordance
with section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.
2) and 41 CFR 102–3.150. The
Manufactured Housing Consensus
Committee was established under
section 604(a)(3) of the National
Manufactured Housing Construction
and Safety Standards Act of 1974, as
amended by the Manufactured Housing
Improvement Act of 2000, 42 U.S.C.
4503(a)(3). The Consensus Committee is
charged with providing
recommendations to the Secretary to
adopt, revise, and interpret
BILLING CODE 4210–67–P
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15:14 May 22, 2006
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Intent To Prepare a
Comprehensive Conservation Plan and
Environmental Assessment for Sullys
Hill National Game Preserve, Devils
Lake, ND
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (Service) intends to gather
information necessary to prepare a
Comprehensive Conservation Plan
(CCP) and associated environmental
documents for Sullys Hill National
Game Preserve (NGP) located in Devils
Lake, North Dakota. The Service is
issuing this notice in compliance with
its policy to advise other organizations
and the public of its intentions, and to
obtain suggestions and information on
the scope of issues to be considered in
the planning process.
DATES: Written comments should be
postmarked by August 1, 2006.
ADDRESSES: Comments and requests for
more information regarding Sullys Hill
NGP should be sent to Laura King,
Planning Team Leader, Tewaukon
NWR, Division of Refuge Planning, 9754
143 1/2 Ave., SE., Cayuga, ND 58013–
9764.
FOR FURTHER INFORMATION CONTACT:
Laura King, Planning Team Leader,
Tewaukon NWR, Division of Refuge
Planning, 9754 143 1/2 Ave., SE.,
Cayuga, ND 58013–9764, or Linda Kelly,
Chief, Branch of Comprehensive
Conservation Planning, P.O. Box 25486,
Denver Federal Center, Denver,
Colorado 80225.
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29665
The
Service has initiated the CCP for Sullys
Hill NGP for the conservation and
enhancement of its natural resources.
This preserve is part of the National
Wildlife Refuge System. The preserve
has two establishing purposes
including, Executive Order 3596, dated
December 22, 1921, which states,
‘‘* * * all the lands that are now
reserved or may hereafter be included
within the boundaries of the * * *
Sullys Hill Park Game Preserve * * *
are hereby further reserved and set apart
for the use * * * as a refuges and
breeding ground for birds.’’ The second
purpose is in the Act of March 3, 1931,
establishing Sullys Hill NGP ‘‘* * * as
a big game preserve, refuge, and
breeding ground for wild animals and
birds * * * provided that the same
preserve is to be made available to the
public for recreational purposes in so far
as consistent with the use of this area as
a game preserve: provided further, that
hunting shall not be permitted on said
game preserve.’’ This Refuge
encompasses 1,674 acres encompassing
both oak forest and prairie, a unique
habitat type in North Dakota. When this
preserve was established, bison and elk
were stocked and are contained by a
fence.
During the CCP process, management
goals, objectives, and strategies will be
developed to carry out the purposes of
the preserve and to comply with laws
and policies governing refuge
management and public use of refuges.
The Service requests input as to
which issues affecting management or
public use should be addressed during
the planning process. The Service is
especially interested in receiving public
input in the following areas:
(1) What do you value most about this
preserve?
(2) What problems or issues do you
see affecting management of this
preserve?
(3) What changes, if any, would you
like to see in the management of this
preserve?
The Service has provided the above
questions for your optional use. The
Service has no requirement that you
provide information; however, any
comments received by the planning
team will be used as part of the
planning process.
Opportunities for public input will
also be provided at a public meeting to
be held at the Sullys Hill NGP Visitor
Center on June 29, 2006, 6:30 to 8:30
p.m. If you would like to receive the
project newsletter, please contact Laura
King, Planning Team Leader, at the
above address, by July 1, 2006.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Notices]
[Pages 29662-29665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4755]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2350-05; DHS Docket No. USCIS-2005-0039]
RIN 1615-ZA20
Notice of Designation of Certain Employment-Based Petitions and
Applications as Eligible for Premium Processing Service
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice designates the following forms as eligible for
Premium Processing Service: Form I-140 ``Immigrant Petition for Alien
Worker,'' Form I-539 ``Application to Extend/Change Status,'' and Form
I-765 ``Application for Employment Authorization.'' Under Premium
Processing Service, U.S. Citizenship and Immigration Services
guarantees that it will process designated petitions and applications,
and classifications within these petitions and applications that U.S.
Citizenship and Immigration Services makes available for the service,
within 15 calendar days for an additional processing fee of $1,000.
DATES: This Notice is effective May 23, 2006.
FOR FURTHER INFORMATION CONTACT: Kristina Carty-Pratt, Adjudications
Officer, Business and Trade, Office of Programs and Regulations
Development, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20001, telephone (202) 272-8400.
SUPPLEMENTARY INFORMATION:
I. Background
U.S. Citizenship and Immigration Services (USCIS) offers expedited
processing of certain employment-based petitions and applications
(hereinafter collectively referred to as ``Forms'') through its Premium
Processing Service. For an additional processing fee of $1,000, Premium
Processing Service guarantees that USCIS will process designated Forms,
and designated classifications within these Forms, within 15 calendar
days of receiving a Request for Premium Processing Service, Form I-907.
See Immigration and Nationality Act (INA) sec. 286(u), 8 U.S.C.
1356(u); 8 CFR 103.2(f). USCIS designates Forms and classifications
within these Forms as eligible for Premium Processing Service through
notices published in the Federal Register. 8 CFR 103.2(f)(2).
USCIS, by an interim rule published elsewhere in this issue of the
Federal Register, has revised its procedures for designating Forms and
classifications for Premium Processing Service. Pursuant to those
revised procedures, USCIS is issuing this Notice to designate the
following Forms and certain classifications within these Forms as
eligible for Premium Processing Service: Form I-140 ``Immigrant
Petition for Alien Worker,'' Form I-539 ``Application to Extend/Change
Nonimmigrant Status,'' and Form I-765 ``Application for Employment
Authorization.'' The designated classifications within these Forms that
will be eligible for Premium Processing Service are described under the
``Form Designations'' heading of this SUPPLEMENTARY INFORMATION.
USCIS will specify the dates on which the availability of Premium
Processing Service for these designations begins and ends, and any
other applicable conditions of availability for premium processing, via
the USCIS Web site at https://www.uscis.gov.
II. Designations
A. Form I-140
Form I-140 is a petition filed with USCIS as the first step to
obtaining permanent resident status based on employment. Form I-140 is
filed by or on behalf of aliens seeking status within certain
employment-based immigrant visa classifications created by section
203(b) of INA, 8 U.S.C. 1153(b). USCIS approval of a Form I-140
establishes that the alien seeking permanent resident status and, if
applicable, his or her sponsoring employer, meet the qualification
requirements. USCIS is designating the following classifications within
Form I-140 as eligible for Premium Processing Service:
------------------------------------------------------------------------
Statutory
Designated classifications Corresponding employment- description of
within Form I-140 based immigrant visa immigrant visa
classifications\1\ classifications
------------------------------------------------------------------------
Aliens of extraordinary EB-1.................... INA
ability. 203(b)(1)(A),
8 U.S.C.
1153(b)(1)(A).
Outstanding professors and EB-1.................... INA
researchers. 203(b)(1)(B),
8 U.S.C.
1153(b)(1)(B).
Multinational executives and EB-1.................... INA
managers. 203(b)(1)(C),
8 U.S.C.
1153(b)(1)(C).
Members of professions with EB-2.................... INA
advanced degrees or 203(b)(2)(A),
exceptional ability not 8 U.S.C.
seeking a National Interest 1153(b)(2)(A).
Waiver.
Skilled workers.............. EB-3.................... INA
203(b)(3)(A)(i
), 8 U.S.C.
1153(b)(3)(A)(
i).
Professionals................ EB-3.................... INA
203(b)(3)(A)(i
i), 8 U.S.C.
1153(b)(3)(A)(
ii).
[[Page 29663]]
Workers other than skilled EB-3.................... INA
workers and professionals. 203(b)(3)(A)(i
ii), 8 U.S.C.
1153(b)(3)(A)(
iii).
------------------------------------------------------------------------
\1\ ``EB'' stands for ``Employment-Based.'' The numbers 1, 2 or 3
correspond to the visa classifications described in sections
203(b)(1), (2), and (3) of the INA, 8 U.S.C. 1153(b)(1), (2), and (3).
USCIS is not designating EB-2 National Interest Waiver petitions as
eligible for Premium Processing Service. See INA sec. 203(b)(2)(B), 8
U.S.C. 1153(b)(2)(B); 8 CFR 204.5(k)(4)(ii). These petitions are very
complex and, therefore, require more than 15 calendar days to
adjudicate.
B. Form I-539
Form I-539 is an application filed by aliens in the United States
who are applying for an extension of stay in their current nonimmigrant
status or for a change of nonimmigrant status. See 8 CFR 214.1(c)(2)
(extensions of stay); 8 CFR 248.3(b) (change in nonimmigrant status).
Depending on the status requested, Form I-539 may be filed by a
``principal'' alien or by a ``dependent'' of a principal alien. USCIS
uses the term ``principal'' alien to refer to an alien seeking to
obtain status in the United States based upon his or her eligibility
for a particular visa classification. USCIS uses the term ``dependent''
to refer to an alien seeking to obtain status in the United States as a
close relative, usually a spouse or child, of a ``principal'' alien.
See INA sec. 101(a)(15), 8 U.S.C. 1101(a)(15).
USCIS is designating the Form I-539 for use in changing to or
extending status in the following classifications within Form I-539 as
eligible for Premium Processing Service:
------------------------------------------------------------------------
Statutory
Corresponding description of
Designated classification nonimmigrant visa nonimmigrant
within Form I-539 classification \2\ visa
classification
------------------------------------------------------------------------
Business visitors who are B-1..................... INA
personal or domestic 101(a)(15)(B)(
servants or foreign airline i), 8 U.S.C.
employees eligible for 1101(a)(15)(B)
employment authorization (i).
pursuant to 8 CFR 8 CFR
274a.12(c)(17). 274a.12(c)(17)
Exchange visitors who are J-1..................... INA
professors, scholars, 101(a)(15)(J),
trainees, teachers, 8 U.S.C.
specialists, alien 1101(a)(15)(J)
physicians, international .
visitors, government
visitors, camp counselors,
au pairs, and summer work
travel (Applicable to those
changing status only.
Extensions of stay are
requested through the
Department of State.)
Dependents of designated J-1 J-2..................... INA
exchange visitors 101(a)(15)(J),
(Applicable to those 8 U.S.C.
changing status only. 1101(a)(15)(J)
Extensions of stay are .
requested through the
Department of State.)
Dependents of E-1 treaty E-1..................... INA
traders. 101(a)(15)(E)(
i), 8 U.S.C.
1101(a)(15)(E)
(i).
Dependents of E-2 treaty E-2..................... INA
investors. 101(a)(15)(E)(
ii), 8 U.S.C.
1101(a)(15)(E)
(ii).
Dependents of H-1B specialty H-4..................... INA
occupation workers, H-2B 101(a)(15)(H),
temporary skilled or 8 U.S.C.
unskilled workers, or H-3 1101(a)(15)(H)
trainee or special education .
trainee program workers.
Dependents of principal L-1 L-2..................... INA
intracompany transferees 101(a)(15)(L),
(managers or executives (L- 8 U.S.C.
1A) or aliens with 1101(a)(15)(L)
specialized knowledge (L- .
1B)).
Dependents of O-1 aliens with O-3..................... INA
extraordinary ability in the 101(a)(15)(O)(
arts, sciences, business, iii), 8 U.S.C.
education or athletics, or O- 1101(a)(15)(O)
2 essential support aliens. (iii).
Dependents of P-1 P-4..................... INA
internationally recognized 101(a)(15)(P)(
athletes or members of an iv), 8 U.S.C.
internationally recognized 1101(a)(15)(P)
entertainment group, P-2 (iv).
artists or entertainers in a
reciprocal exchange program,
P-3 artists or entertainers
in a program which is
culturally unique, or any P-
1, P-2, or P-3 essential
support alien.
Dependents of R-1 temporary R-2..................... INA
workers in a religious 101(a)(15)(R),
occupation. 8 U.S.C.
1101(a)(15)(R)
.
Dependents of TN TD...................... INA 214(e)(2),
nonimmigrants pursuant to 8 U.S.C.
the North American Free 1184(e)(2).
Trade Agreement (NAFTA).
------------------------------------------------------------------------
\2\ The nomenclature used in this column can be found in 8 CFR
214.1(a)(2).
The above classifications all relate to aliens who are eligible for
employment authorization, employment authorized incident to status, or
the dependents of such aliens. See 8 CFR 274a.12(b) and (c).
C. Form I-765
Form I-765 is an application filed by aliens who are employment
authorized incident to status and are seeking an Employment
Authorization Document (EAD), or aliens eligible for employment
authorization who are seeking both a grant of employment authorization
and an EAD. See 8 CFR 274a.12(a) and (c). USCIS is designating the
following classification within Form I-765 as eligible for Premium
Processing Service:
[[Page 29664]]
------------------------------------------------------------------------
Statutory
Designated classification Corresponding employment- description of
within Form I-765 based (EB) immigrant immigrant Visa
Visa classification classification
------------------------------------------------------------------------
Aliens whose Form I-485, EB-1 to EB-5 (with Form INA 203(b), 8
Application to Register I-485 pending). U.S.C.
Permanent Residence or 1153(b).
Adjust Status, that is INA 245(a), 8
supported by an employment- U.S.C.
based immigrant visa 1255(a).
petition, is pending with 8 CFR
USCIS and who are requesting 274a.12(c)(9).
a renewal of employment
authorization.
------------------------------------------------------------------------
USCIS has determined that this classification falls within its
authority in section 286(u) of the INA, 8 U.S.C. 1356(u), to provide
Premium Processing Service to employment-based Forms. An approved Form
I-765 would allow those aliens seeking to adjust status to that of a
lawful permanent resident based on employment to accept new employment
or continue their current employment while their adjustment application
remains pending. Therefore, in this context, Form I-765 qualifies as an
employment-based application as required by section 286(u) of the INA,
8 U.S.C. 1356(u).
In addition, extending Premium Processing Service to this
classification will enable USCIS to improve its services to its
business customers (i.e. employers who are sponsoring foreign-born
workers). Using premium processing fees to provide services to business
customers is another statutory requirement in section 286(u) of the
INA, 8 U.S.C. 1356(u). These business customers want to be assured that
their foreign-born workers will not have a break in employment or
consider employment elsewhere. Allowing principal aliens and their
dependents to secure renewal of employment quickly while their
adjustment of status application remains pending, should ensure that
the petitioning employers' sponsorship of the principal alien will
continue until he or she has obtained lawful permanent resident status.
This also should ensure that the principal alien can continue to work
for the sponsoring employer for some time thereafter.
III. Concurrently Filed Applications
The adjudication of some immigration forms relies upon the
processing of other related forms. This is true of Form I-539
designated by this Notice. This section of the Supplementary
Information discusses issues relating to this designation and related
forms.
A. Concurrent Filing of Form I-765 With Form I-539
For aliens seeking an EAD from USCIS, Form I-765 normally cannot be
filed until after the underlying petition or application has been
approved. See 8 CFR 274a.1; 8 CFR 274a.13. USCIS has determined that,
as a courtesy, it will permit certain classifications within Form I-539
designated by this Notice to file Form I-765 concurrently with Form I-
539 that they are filing via Premium Processing Service. These
classifications are: B-1 personal or domestic servants; B-1 airline
employees; E-1 or E-2 dependent spouses; and L-2 spouses. Premium
Processing Service, however, only applies to Form I-539; therefore,
USCIS cannot guarantee that the concurrently filed Form I-765 will be
processed within the same 15 calendar day period as Form I-539.
B. Concurrent Filing of Form I-539 for Dependents of Aliens With Forms
I-129 Filed Under Premium Processing Service
As a courtesy, USCIS currently provides 15 calendar day processing
for a dependent's Form I-539 concurrently filed with the principal
alien's Petition for a Nonimmigrant Worker (Form I-129) for which an
employer has requested Premium Processing Service, without charging an
additional $1,000 premium processing fee. Form I-129 is filed by
employers seeking nonimmigrant workers who are either outside the
United States or are changing status or extending their stay within the
United States to perform temporary services or labor, or to receive
training. See 8 CFR 214.1(c); 8 CFR 214.2(e), (h), (l), (o), (p) & (q);
8 CFR 248. Employers may request Premium Processing Service for Form I-
129 within one of the following classifications: E-1 Treaty Trader; E-2
Treaty Investor; H-1B Temporary Worker with Specialty Occupation; H-2B
Temporary Worker; H-3 Trainee; L-1 Intracompany Transferee; O-1 and O-2
Aliens of Extraordinary Ability or Achievement; P-1, P-2, and P-3
Athletes and Entertainers; Q-1 International Cultural Exchange Alien;
R-1 Temporary Worker in Religious Occupations; and TN NAFTA
Professional. See 66 FR 29682, 29683 (June 1, 2001).
While this Notice designates Form I-539 for Premium Processing
Service with respect to many of the dependent classifications
associated with these principal alien classifications, USCIS
nevertheless will continue the courtesy practice of processing Forms I-
539 within 15 calendar days for any dependent classification filed
concurrently with the principal alien's Form I-129 for which Premium
Processing Service has been requested. Premium Processing Service only
will apply to the Form I-129. Therefore, while USCIS may process a
concurrently filed Form I-539 within the 15 calendar day Premium
Processing Service period, USCIS does not guarantee such processing.
USCIS will not issue a refund of the $1,000 premium-processing fee
submitted with the concurrently filed Form I-129 if the Form I-539 is
not processed within 15 calendar days.
To ensure 15 calendar day processing rather than rely on courtesy
processing, dependents filing eligible Forms I-539 should file a
separate request for Premium Processing Service and $1,000 processing
fee.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995), all Departments are required to submit to the Office
of Management and Budget (OMB), for review and approval, any reporting
or recordkeeping requirements. This Notice does not impose any new
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
USCIS anticipates that this Notice will increase the number of
requests for Premium Processing Service using Form I-907. In
calculating the overall burden this requirement will place upon the
public, USCIS estimates an annual increase in the number of requests
for Premium Processing Service of approximately 25%. USCIS has
estimated that it will take approximately 0.25 hours to comply with the
requirements of Form I-907. Accordingly, USCIS will submit the required
Paperwork Reduction Change Worksheet (OMB-83C) to OMB reflecting the
increase in the number of respondents.
[[Page 29665]]
Dated: May 4, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-4755 Filed 5-22-06; 8:45 am]
BILLING CODE 4410-10-P
