USCIS Expands Premium Processing to Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions — Visa Lawyer Blog — May 26, 2022
Did you file an EB-2 National Interest Waiver petition on or before June 1, 2021, and still haven’t received a decision? What about an EB-1 petition as a multinational executive or manager filed on or before January 1, 2021? If so, be prepared for some exciting news!
USCIS recently announced the news we have all been waiting for. The agency will soon allow such applicants to upgrade their petition to Premium Processing Service by filing Form I-907, Request for Premium Processing Service, and paying the required filing fee.
What is this next update all about?
On May 24, 2022, USCIS released a news alert notifying the public that it will expand premium processing service for certain petitioners who have filed a pending Form I-140, Immigrant Petition for Alien Worker under the EB-1 multinational executive/managers and EB-2 NIW immigrant classifications.
Who does this update apply to?
To qualify for premium processing service, you must have applied for your I-140 either under the E13 multinational executive, E13 manager classification, or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
Those who fall under the above categories will be eligible to upgrade their petitions by requesting premium processing service and filing Form I-907, Request for Premium Processing Service provided they filed their petitions with USCIS within a certain time period as discussed below.
When can I apply?
- USCIS will accept premium processing service requests for E13 multinational executive and manager petitions starting June 1, 2022, but only for those E13 executive and manager petitions that were received by USCIS on or before January 1, 2021.
- Additionally, USCIS will accept premium processing service requests for E21 National interest Waiver petitions, starting July 1, 2022, but only for those E21 NIW petitions that were received by USCIS on or before March 1, 2021.
- Starting July 1, 2021, USCIS will also accept premium processing service requests, but only for those E13 multinational executive and manager petitions that were received by USCIS on or before March 1, 2021.
If you filed your EB-1 or EB-2 NIW petition after these dates, you are not eligible to upgrade your petition to premium processing at this time. That means that if you are filing a new (initial) I-140 petition under the E13 or E21 categories, your petition is not eligible for premium processing service.
USCIS has also announced that a new version of Form I-907 Request for Premium Processing Service has been published to their webpage as of May 23, 2022 with edition date 05/31/22.
The agency will continue to accept both the 09/30/20 and the 05/31/22 editions of Form I-907 for the month of June.
However, starting July 1, 2022, USCIS will reject the older 09/30/20 edition of Form I-907.
When will premium processing service become available for other petitions?
As we previously reported on our blog, in late March, the Department of Homeland Security published a final rule in the Federal Register announcing the phased expansion of premium processing services to additional categories of immigrant and non-immigrant petitions. The first category being expanded is the EB-1 multinational executive or manager category and EB-2 seeking a national interest waiver. According to the final rule, expansion of premium processing services for these categories will continue throughout fiscal year 2022. All other categories will be expanded from now until fiscal year 2025.
Phased expansion categories:
- Expanding premium processing service to Form I-140 for EB-1 multinational executive or manager and EB-2 advanced degree or exceptional ability seeking national interest waiver (NIW).
- COST: Under the final rule, the premium processing fee for these applicants would be $2,500 and estimated processing time within 45 days.
- Expanding premium processing service to Form I-539 change of status to F-1, F-2, J-1, J-2, M-1, or M-2 NIV status, or change of status to or extension of stay in E-1, E-2, E-3, H-4, L-2, O-3, P-4, R-2 NIV status.
- COST: The fee for this service would be $1,750 and estimated processing time within 30 days.
- Expanding premium processing service to the Form I-765 Employment Authorization Document (EAD) application.
- COST: Under the final rule, the premium processing service fee would be $1,500 and estimated processing time within 30 days.
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