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Premium Processing Available For Certain EB-1/EB-2 Petitions

Great news for green card petitioners who have pending Form I-140 petitions under certain EB-1/EB-2 categories.

On May 24, 2022, USCIS announced that it will accept requests for premium processing for previously filed I-140 petitions under the EB-1C (E13: multinational executive and manager) and EB-2 NIW (E21: member of professions with advanced degrees or exceptional ability seeking national interest waiver) classifications. Unlike the Form I-140 petitions under other classifications (i.e., EB-2/EB-3 under PERM), premium processing was unavailable for the petitions under these newly included classifications.

Who can Request Premium Processing?

Petitioners who have the following previously filed I-140 petitions can request premium processing:

  • EB-1C (multinational executive and manager) petitions that USCIS received on or before Jan. 1, 2021, or on or before March 1, 2021
  • EB-2 NIW petitions that USCIS received on or before June 1, 2021

Premium processing is unavailable for petitioners who newly file Form I-140 petitions under the EB-1 (multinational executive and manager) or EB-2 NIW classifications.

When can I Request?

USCIS will accept requests for premium processing in phases as follows:

  • EB-1C (multinational executive and manager) petitions that USCIS received on or before Jan. 1, 2021: Beginning June 1, 2022
  • EB-1C (multinational executive and manager) petitions that USCIS received on or before March 1, 2021: Beginning July 1, 2022
  • EB-2 NIW petitions that USCIS received on or before June 1, 2021: Beginning July 1, 2022

USCIS will reject premium processing requests filed before the start date (June 1, 2022, or July 1, 2022). USCIS will also reject the requests filed for pending I-140 petitions that USCIS received after each of the cutting date (Jan. 1, 2021, June 1, 2021, or March 1, 2021).

Update on Second Phase: On July 15, 2022, USCIS implemented second phase of premium processing. Beginning August 1, 2022, USCIS will accept premium processing requests for:

  • EB-1C (multinational executive and manager) petitions that USCIS received on or before July 1, 2021; and
  • EB-2 NIW petitions that USCIS received on or before Aug. 1, 2021.

Update on Third Phase: On Sept. 15, 2022, USCIS implemented third phase of premium processing.

Beginning Sept. 15, 2022, USCIS will accept Form I-907 requests for:

  • EB-1C (multinational executive and manager) petitions that USCIS received on or before Jan. 1, 2022; and
  • E21 NIW petitions that USCIS received on or before Feb. 1, 2022.

What is the Premium Processing Fee?

$2,500 ($2,805 for filings postmarked on or after Feb 26, 2024) (same with the premium processing fee for I-140 petitions under other classifications).

What is the Processing Time?

USCIS has 45 days to complete premium processing for the pending Form I-140 petitions under EB-1C (multinational executive and manager) and EB-2 NIW classifications.

How can I Request?

Petitioners who are qualified to file the premium processing request may do so by filing Form I-907. On May 24, 2022, USCIS updated Form I-907. During June, USCIS will accept both the older edition (dated 09/30/20) and the new edition (dated 05/31/22) of Form I-907. However, starting July 1, USCIS will reject the older edition of Form I-907.

Any More News for Premium Processing?

USCIS intends to begin to expand in phases premium processing availability of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) in fiscal year 2022 as well.

USCIS’s announcement can be found here (first phase), here (second phase), and here (third phase).

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