USCIS Expands Eligibility for Premium Processing Upgrades of EB-1C National Interest Exemption Requests for Multinational Executives/Officers and EB-2 – General Immigration

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As of August 1, 2022, United States Citizenship and Immigration Services (USCIS) will begin accepting Form I-907, Request for Premium Processing Service, for the following petitions pending with USCIS:

  • EB-1C Executive and Multinational I-140 Director petitions received by July 1, 2021.

  • EB-2 National Interest Waiver (NIW) I-140 petitions received by August 1, 2021.

The Premium Processing Filing Fee for these I-140 immigrant petitions is $2,500. Unlike previous premium processing requests, USCIS will have 45 days to take action on pending I-140 requests upgraded to premium processing in these two categories. The regulations state that the processing clock will not begin to run until the date USCIS receives “all pre-arbitration requirements.” Therefore, only after USCIS makes this determination will the 45-day processing time begin. If a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is issued, a new 45-day period will begin once USCIS receives the applicant’s response to the RFE or NOID.

As explained in our previous alert, USCIS has announced that it will expand its premium processing service to include additional case types, per the final rule issued by the Department of Homeland Security (DHS) on May 31, 2022. The rule implements the emergency stopgap USCIS Stabilization Act was passed by Congress and is part of the agency’s efforts to reduce existing backlogs and provide needed relief to USCIS cardholders. employment authorization (EAD).

USCIS previously expanded premium processing in the following phases:

  • Beginning June 1, 2022, USCIS accepted applications for processing premiums for EB-1C multinational executives and officers and applications received on or before January 1, 2021.

  • Beginning July 1, 2022, USCIS accepted premium processing requests for EB-2 NIW applications received by June 1, 2021, and EB-1C multinational executive and manager applications received by on March 1, 2021.

The next phase of premium processing expansion is expected to include Forms I-539 and I-765 for certain F, M, and J nonimmigrants. USCIS has estimated that premium processing for these types of cases will only be available until later in 2022. USCIS has announced that by 2025, premium processing will be expanded to include Form I-539 for E, H, L, O, P, and R dependents, as well as Form I -765 for additional candidates.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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