Can the I-140 be premium processed without the PERM approved?

When it comes to immigration to the United States through categories such as EB-3, it is common to have questions about the procedures and rules involved, especially regarding steps that can expedite the processing of certain forms. One such question is about the possibility of using premium processing for the I-140 petition without the PERM already having been approved.

In the case of EB-3, the process first involves obtaining an approved labor certification (PERM), which proves that there are no qualified U.S. workers available for the position offered to the immigrant. This step is essential before submitting the I-140 petition, which is the document that formalizes the employment-based immigration request.

Premium processing can be a useful tool, allowing a faster response from USCIS for certain types of petitions, including the I-140. However, for premium processing service to be applied, the petition package must be complete and, specifically for EB-3, this includes the approval of the PERM.

In other words, without the approved PERM, the I-140 form will not be properly grounded for the EB-3 category, which prevents the petitioner from benefiting from the premium processing procedure. It is essential that all required documentation complies with the immigration laws and regulations of the United States.

Thus, submitting an incomplete petition or prematurely requesting premium processing can lead to delays or even denial of the petition. It is always important to emphasize that, when it comes to immigration matters, strictly following the laws and regulations is essential to avoid complications and setbacks in the process.

Seeking information from official sources and relying on guidance from recognized experts in the subject can make all the difference. There are also precautions to be taken to avoid dealing with intermediaries or marketing campaigns that promise results without ensuring due compliance with legal norms.

By paying attention to all these details and carefully preparing the documentation, the chances of a smoother and more successful immigration process increase. Always remember to consult updated information directly from official United States government sources and proceed with caution to avoid falling into traps or dubious promises.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.