USCIS Is to Begin Second Phase of Premium Processing for Certain EB-1 and EB-2 Petitions

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The USCIS will soon be implementing the second phase of the expansion for premium processing. This expansion is specifically for petitioners with a pending Form I-140 (Immigrant Petition for Alien Workers) under the EB-1 and EB-2 classifications.

As with the first phase of the expansion, this is specific for Form I-140s filed under the classifications of E13 or E21. The E13 is for multinational executives and managers, and the E21 is for those with advanced degrees or exceptional ability seeking a national interest waiver (NIW). In addition, if petitioners want to upgrade to premium processing, they must file a Request for Premium Processing Service (Form I-907).

As of August 1st, 2021, the USCIS will accept Form I-907 requests for:

  • E13 multinational executive and manager petitions that were received by July 1st, 2021
  • E21 NIW petitions that were received by August 1st, 2021

The USCIS will not accept premium processing requests for Form I-140 classifications received after the dates provided above.

The USCIS will have 45 days to act on any pending I-140 petitions upgraded to premium processing in either of the accepted categories. However, this period starts after the USCIS has received all of the prerequisites for adjudication. Because of this, a petitioner may end up waiting longer than 45 days to see any action taken on their case. Additionally, the 45 days for taking action can restart after it receives the petitioner’s response if the USCIS issues a Notice of Intent to Deny (NOID) or Request for Evidence (RFE).

The fee for the premium processing in either category is $2,500, though the USCIS can adjust this fee biannually. The Consumer Price Index (CPI-U) determines the change for all urban consumers. Currently, the USCIS is not accepting requests for premium processing on new Form I-140 classifications. However, they are expanding their premium processing in a phased approach and working to make it available for additional Form I-140 petitions. This approach expects to increase their efficiency and reduce the strain on the immigration system.

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