USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications, Including New Petitions
On January 30, 2023, the U.S. Citizenship and Immigration Services (USCIS) implemented the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers under the EB-1 and EB-2 classifications.
As a result of the expansion, USCIS will accept premium processing requests for:
- All pending Form I-140, Immigrant Petition for Alien Workers under the classification:
- E13 (EB-1C) Multinational Executive and Manager petitions
- E21 (EB-2) National Interest Waiver (NIW) petitions
- All initial Form I-140, Immigrant Petition for Alien Workers under the classification:
- E13 (EB-1C) Multinational Executive and Manager petitions
- E21 (EB-2) National Interest Waiver (NIW) petitions
Does the Premium Processing Expansion include only I-140 petitions?
No! USCIS announced in September 2022 that there will be expansion of premium processing to additional form types as part of its effort to increase efficiency and reduce burdens to the legal immigration system.
Is there a fee for requesting premium processing and what is the processing time?
Petitioners who wish to request premium processing must file Form I-907, Request for Premium Processing Service submitted with the appropriate fee of $2,500. This service guarantees the applicant that USCIS will take action on the EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) petition within 45 calendar days.
Which additional situations will qualify for premium processing in the future?
In March 2023, USCIS will expand premium processing to:
- Certain F-1 students seeking Optional Practical Training (OPT);
- F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization.
In April 2023, USCIS will expand premium processing to:
- F-1 students seeking OPT;
- F-1 students seeking STEM OPT extensions who are filing an initial Form I-765, Application for Employment Authorization.
USCIS also confirmed that the agency is implementing, through a “phased approach,” expanded premium processing availability for Form I-539, Application to Extend/Change Nonimmigrant Status, to be announced later in the year.
Zulkie Partners will continue to monitor USCIS developments on premium processing eligibility. In the meantime, we are prepared to handle and review eligibility for premium processing. Feel free to reach out with any questions.