[UPDATED] USCIS to Implement Premium Processing for Certain Previously Filed Form I-140 Petitions

July 20, 2022 Amanda Bolhuis

UPDATE: On Aug. 1, 2022, U.S. Citizenship and Immigration Services (USCIS) will implement a second phase of premium processing for workers who have a pending Form I-140, Immigrant Petition for Alien Worker in specific EB-1 and EB-2 classifications.  

This second phase only applies to individuals who previously filed a Form I-140 petition under an E13 multinational executive and manager classification or, alternatively, an E21 classification as a member of a profession with an advanced degree or exceptional ability seeking a national interest waiver (NIW).   

Starting Aug. 1, 2022, USCIS will begin accepting Form I-907, Request for Premium Processing Service, for E13 multinational executive and manager petitions receipted by USCIS on or before July 1, 2021. The agency will begin accepting Form I-907 requests for E21 NIW petitions receipted by USCIS on or before Aug. 1, 2021.  

USCIS will reject I-907 requests that it receives in connection with a petition reflecting a receipt date after the applicable date noted above. Newly filed Form I-140 petitions in the above classifications will not be eligible for premium processing. 

USCIS has 45 days to take action on requests for premium processing for the new Form I-140 rules noted above. 

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Starting on June 1, 2022, U.S. Citizenship and Immigration Services (USCIS) will implement premium processing for certain EB-1 and EB-2 petitioners with a pending Form I-140, Immigrant Petition for Alien Workers.  

Overview 

The new premium processing expansion will only apply to individuals who previously filed a Form I-140 petition under an E13 classification as a multinational executive or manager or an E21 classification as a member of professions with advanced degrees or exceptional ability requesting a national interest waiver (NIW).  

Premium processing expansion will occur in two phases.  

  • Beginning June 1, 2022, USCIS will accept Form I-907, Request for Premium Processing Service for E13 multinational executive and manager petitions that were received on Jan. 1, 2021 or earlier.  
  • Starting on July 1, 2022, USCIS will accept Form I-907 requests for E21 national interest waiver (NIW) petitions that were received on June 1, 2021 or before. On the same date, USCIS will begin accepting E13 NIW multinational executive and manager petitions that were received on or prior to March 1, 2021.  

USCIS will reject premium processing requests filed before the respective start dates of June 1, 2022 or July 1, 2022. The agency also will not accept new Form I-140 applications with a premium processing request that does not fit into the timelines above. 

Looking Ahead  

Petitioners wishing to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service. USCIS notes that petitioners must use the new version of Form I-907, dated May 31, 2022, starting on July 1, 2022. Before then, petitioners may use the older Form I-907, dated Sept. 30, 2020, in addition to the new form.  

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Envoy is pleased to provide you this information, which was prepared in collaboration with Louis Massard and Amanda Bolhuis, who are Partners at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").     

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.   

About the Author

Amanda is a Partner at Global Immigration Associates. Her practice focuses on employment based nonimmigrant and immigrant visa petitions. She has extensive experience handling B, E, H, L, O and TN visa cases, employment-based green cards (EB-1 and PERM labor certification) and USCIS Requests for Evidence and appeals. She also has experience advising companies on corporate restructuring, mergers and acquisitions and I-9 compliance issues. Amanda works with clients in several industries, including automotive, insurance and technology.

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