USCIS to Begin Implementing Premium Processing for Certain Categories of Form I-140

The U.S. Citizenship and Immigration Services announced on May 24, 2022 that starting on June 1, 2022, its premium processing will go into effect for certain categories of Form I-140. These categories are the first preference EB-1 multinational managers and executives category along with the second preference EB-2 national interest waiver category. But, this service only applies to petitions that were filed over a year ago.

Here is how the first phase of the expansion for premium processing will work.

  • On June 1, USCIS will begin to accept Form I-907 requests for EB-1 multinational executive and manager petitions if they were received by the USCIS on or before January 1, 2021.
  • On July 1, USCIS will begin to accept Form I-907 requests for EB-2 national interest waiver petitions if they were received on or before June 1, 2021. The USCIS will also begin to accept Form I-907 requests for EB-2 national interest waiver petitions, which were received on or before June 1, 2021.
  • Initial filings will not be accepted for premium processing.

In June 2022, the U.S. Citizenship and Immigration Services will accept either the 09/30/20 edition of Form I-907 or the 05/31/22 edition of Form I-907. However, beginning on July 3, 2022, the USCIS will reject the 09/30/20 edition of the form.

The USCIS will charge $2,500 for the expanded premium processing, which guarantees adjudication within 45 days. This is different than the current timeframe of 15 days for premium processing. Although this new premium processing is still an improvement over the 12-18 month delay that occurs with many applications.

The USCIS has stated that it will be introducing additional premium processing benefits to increase efficiency. However, this will happen on a staggered basis and only when they have the money to hire more staff and when it will not have an adverse effect on other processing times.

It is not yet known when premium processing will be available for Form I-765 Requests for Employment Authorization or Form I-539 requests for change of status or extension of stay in nonimmigrant dependent categories. However, the USCIS has stated before that some new benefits may not be available until 2025.

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