As many of you may know, the main value of the I-140 approval, besides the fact that it is an indication that one is a step closer to the permanent residence, is that the I-140 approval locks in the priority date. For example, let’s assume that the labor certification was filed on January 1st of 2002. The labor certification was subsequently approved September 1st of 2006. The priority date is not really locked in on September 1st of 2006, it gets locked in when the I-140 gets approved.

Most of you also know that the priority date is critical because that is what determines your place in the waiting line for permanent residence visa numbers (for an article on the subject of priority dates, go to the 11/16/2004 article "Priority Dates to Retrogress in January".) Generally, whether the I-140 is approved in 15 days or 6 months down the line may not make a big difference. However, there are at least five easily identifiable situations when it may make a difference:

1. You are fortunate enough to have, or have had, a current priority date and your adjustment of status is also pending along with your I-140. Getting the I-140 approved may precipitate an earlier approval of your adjustment of status (notice the word “may,”we cannot be certain of that, but it probably does increase the odds that the pending I-485 will also be adjudicated sooner rather than later. This is particularly so because as of late, the adjustment of status petitions have gone generally fast once the I-140 is approved;)
2. You are contemplating leaving your employer. If you are thinking about leaving your employer, it is important to get the I-140 approved quickly because if you lock in the priority date, you will be able to take that priority date with you. When your next employer begins the permanent residence process on your behalf, you will be able to use the priority date you have already acquired. Sure, you still have to do the labor certification and I-140 all over again, but at least keeping the priority date will be a big victory;
3. You fear that your employer may be thinking about laying you off or firing you. In this situation, getting the I-140 approved fast is important for the same reason as above;
4. If the I-140 has a measure of risk to it that makes your attorney uncomfortable. To be sure, no petition filed with USCIS is ever certain of approval. However, any knowledgeable attorney can identify I-140 petitions that are at risk. Most often, those riskier than normal petitions involve a sponsoring employer that is not doing well financially or a labor certification with issues that may be challenged by USCIS. Obviously, if the I-140 petition is one of these riskier petitions, the sooner you have a decision the better. In the event the I-140 is denied, you will have a head-start on either appealing the I-140 or going back to the drawing board on the labor certification.
5. There is peace of mind to be considered. For many people, having the certainty of an approved I-140 in a few weeks, rather than in several months, is well worth the $1,000 in peace and tranquility. That is certainly understandable given all the stress associated with the wait for permanent residence.

The situations above illustrate some common situations that are good candidates for good use of the $1,000 Premium Processing fee. However, there is also one situation that comes to mind in which I-140 Premium Processing may do more harm than good. Those of you who may have children who are in their late teens or close to turning 21, may not want to Premium Process the I-140. The reason for this is complex and deals with the Child Status Protection Act which is designed to protect children from aging-out”in certain situations. Aging-out means that the child turns 21 and is not able to obtain the permanent residence through the employment-based petition for the father or mother.

The time that the I-140 remains pending does not count against the child's age. Therefore, depending on the circumstances, the longer the I-140 remains pending, the better for the child. In the end, having the I-140 pending for a longer amount of time may not help an older child, but it is something that you should consider with your attorney before paying $1,000 to USCIS for Premium Processing.