USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications, Including New Petitions

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational executive and manager petitions and E21 (EB-2) National Interest Waiver (NIW) petitions. On January 12, 2023, USCIS announced that this move is part of “the final phase of the premium processing expansion for Form I-140” and applies to all previously filed and new Form I-140 petitions under these classifications.

USCIS announced in September 2022 that the expansion of premium processing to additional form types was a part of USCIS’s effort to increase efficiency. USCIS has indicated that the premium processing adjudication period for these specific categories will be forty-five days.

USCIS previously confirmed that premium processing would be expanded to certain F-1 students seeking Optional Practical Training (OPT) and F-1 STEM OPT extensions. In April 2023, USCIS will also expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765, Application for Employment Authorization. USCIS will announce these dates in February 2023.

USCIS also confirmed that the agency is implementing, through a “phased approach,” expanded premium processing availability for Form I-539, Application to Extend/Change Nonimmigrant Status, to be announced later in the year.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the firm’s Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.