Last Updated on February 23, 2023
UPDATE (Jan. 13, 2023): U.S. Citizenship and Immigration Services (USCIS) announced the final phase of premium processing expansion for EB-1 and EB-2 Form I-140 petitions, along with the expansion of premium processing to certain F-1 students.
USCIS will implement the final phase of premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under EB-1 and EB-2 classifications. This final phase will apply to all petitions, including initial petitions, along with Form I-140 petitions filed under an E13 multinational executive and manager classification, or an E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
Starting on Jan. 30, 2023, USCIS will start accepting Form I-907 requests for:
- All initial E13 multinational executive and manager petitions and E21 NIW petitions
- All pending E13 multinational executive and manager petitions and E21 NIW petitions
USCIS will also expand premium processing to more petition categories. Starting in March 2023, USCIS will expand premium processing to certain F-1 students with a pending Form I-765, Application for Employment Authorization, who are seeking Optional Practical Training (OPT), along with F-1 students who are seeking STEM OPT extensions.
In April 2023, USCIS will expand premium processing to include F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. USCIS will announce the dates for each category above in February 2023.
USCIS anticipates expanding premium processing to more categories than those listed above. The agency is working on expanding premium processing to Form I-539, Application to Extend/Change Nonimmigrant Status. USCIS aims to offer premium processing for certain students and exchange visitors with pending Form I-539 applications in May 2023. Further, the agency anticipates expanding premium processing to certain students and exchange visitors who are filing an initial Form I-539 application starting in June 2023. USCIS will announce when it is ready to implement the premium processing phases above.
______________________________________________________________________________________________________
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.
_______________________________________________________________________________________________________
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.
____________________________________________________________________________________________________
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), and Christina Elder, who is a Managing Attorney at 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.
