Premium Processing Expanded to Include Previously Filed Forms I-140 for Certain EB-1 and EB-2 Applicants

Practice Areas

By: Vandana Marath

United States Citizenship and Immigration Services (USCIS) is beginning its second round of premium processing expansion for certain individuals with pending EB-1 and EB-2 applications for Form I-140, Immigrant Petition for Alien Workers.

This phase of premium processing expansion only applies to certain individuals that already filed Form I-140 petitions under the categories of E13 multinational executive and manager, E21 professionals with advanced degrees or exceptional ability, or national interest waiver (NIW) applicants. Eligible individuals may request a premium processing upgrade by filing Form I-907, Request for Premium Processing Service.

eligible cases

Starting August 1, 2022, USCIS will accept premium processing requests using Form I-907 for the following petitions:

  • E13 multinational executives and managers: Received by USCIS on or before July 1, 2021.
  • E21 NIW: Received by USCIS on or before Aug. 1, 2021.

USCIS will reject requests for premium processing from the above classifications if the petition’s receipt date is after the dates listed. The agency will adjudicate cases that request premium processing under these new classifications within 45 days.

USCIS is not yet accepting new Forms I-140 with premium processing requests under these new classifications.

As of July 1, 2022 USCIS is no longer accepting old versions of Form I-907, Request for Premium Processing Service. The form was most recently updated on May 31, 2022.

background on premium processing expansion

As part of a larger effort to improve processing times, USCIS will continue to expand premium processing to new form types. Additional forms expected to accept premium processing during fiscal year 2022 include:

  • Additional Forms I-140.
  • Form I-539, Application to Extend/Change Nonimmigrant Status, and
  • Form I-765, Application for Employment Authorization

USCIS is required by law to not increase processing times for regular immigration benefits as it expands access to premium processing.

Conclusion

To find out whether your petition qualifies, or for other questions related to adjustment of status, please contact your Chugh, LLP immigration professional.

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