USCIS Implements Third Phase of Premium Processing Expansion for Previously Filed EB-1C and EB-2 NIW Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that premium processing is now available for certain previously filed Form I-140 immigrant petitions seeking classification under the EB-1C multinational executive and manager and the EB-2 National Interest Waiver (NIW) categories. This is the third phase of the planned expansion of premium processing services by USCIS in an agency-wide effort to increase efficiency and reduce backlogs caused by COVID-19, among other things.

As of September 15, 2022, USCIS will accept Form I-907, Request for Premium Processing for the following:

• EB-1C multinational executive and manager petitions that were received on or before January 1, 2022; and
• EB-2 NIW petitions that were received on or before February 1, 2022.

Premium processing is not currently available for new (initial) EB-1C or EB-2 NIW filings.

Eligible petitions may submit Form I-907 to USCIS with the required filing fee of $2,500. The premium processing timeframe for EB-1C and EB-2 NIW petitions is 45 days from the date USCIS receives the request for premium processing.

Background

Earlier this year, USCIS announced new initiatives to increase efficiency and reduce burdens to the legal immigration system, including filing a final rule that aligned premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. The final rule codified premium processing fees and adjudication timeframes, and expanded premium processing services to include Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization, and additional categories of Form I-140 immigrant petitions, including EB-1C and EB-2 NIW. At the time of publishing, USCIS explained that the expansion of premium processing services would be implemented in a phased approach to ensure that that the expansion did not cause an increase in processing times for regular immigration benefit requests.

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