Premium Processing Expansion for EB-1C and EB-2 NIW Petitions

On January 12, 2023, USCIS announced the final phase of premium processing expansion for Form I-140 petitions under the EB-1 and EB-2 classifications.

According to the announcement, USCIS will accept premium processing requests for the following petitions beginning January 30, 2023:

• All pending EB-1C (multinational executive and manager petitions) and EB-2 NIW (national interest waiver) petitions; and

• All initial EB-1C (multinational executive and manager petitions) and EB-2 NIW (national interest waiver) petitions.

Accordingly, premium processing is now available for all the Form I-140 petitions under EB-1, EB-2, and EB-3 classifications.

Petitioners who wish to request premium processing must file Request for Premium Processing Service (Form I-907). Premium processing fee for the EB-1C and EB-2 NIW petitions is currently $2,500.

In receipt of the premium processing request, USCIS will take some adjudicative action on the EB-1C and EB-2 NIW cases within 45 calendar days. Otherwise, USCIS will refund the premium processing fee and will continue with expedited processing.

Future Premium Processing Expansion for F-1 Petitions

USCIS is expanding premium processing to additional form types as part of its efforts to increase efficiency and reduce burdens to the overall legal immigration system.

Accordingly, USCIS has also announced that it will expand premium processing for certain F-1 students as follows:

• In March, expansion for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Application for Employment Authorization (Form I-765); and

• In April, expansion for certain F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Application for Employment Authorization (Form I-765).

USCIS will announce specific dates to accept premium processing requests for the above categories in February.

Anticipated Premium Processing Expansion for Certain Form I-539 Petitions

According to the announcement, USCIS also anticipates expanding premium processing for certain student and exchange visitors as follows:

• In May, anticipated expansion for certain student and exchange visitors with pending Application to Extend/Change Nonimmigrant Status (Form I-539); and

• In June, anticipated expansion for certain student and exchange visitors who are filing initial Application to Extend/Change Nonimmigrant Status (Form I-539).

USCIS will make an announcement when it is ready to implement these phases.

USCIS’ announcement of premium processing expansion can be found here.

Disclaimers