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USCIS Continues to Expand Premium Processing Service Offerings

January 17, 2023
U.S. Citizenship and Immigration Services (USCIS) further expanded  premium processing for Form I-140, Immigrant Petitions for Alien Workers, marking the final phase of implementing premium processing for employment-based immigrant petitions. Effective January 30, 2023, premium processing will be available for I-140 petitions filed on behalf of …
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Overview

U.S. Citizenship and Immigration Services (USCIS) further expanded  premium processing for Form I-140, Immigrant Petitions for Alien Workers, marking the final phase of implementing premium processing for employment-based immigrant petitions.

Effective January 30, 2023, premium processing will be available for the following petitions:

  • All I-140 petitions filed on behalf of multinational executives and managers (EB-1(3) classification), including pending petitions and initial filings.
  • All I-140 petitions for persons seeking a National Interest Waiver (EB-2(1) NIW classification), including all pending petitions and initial filings.

HOW TO APPLY

Petitioners who wish to request premium processing must file the Form I-907, Request for Premium Processing Service, and pay a supplemental fee of $2,500. USCIS will have 45 days from receipt of the premium processing request and fee to adjudicate the petition.

WHAT’s NEXT?

USCIS will expand premium processing service offerings to additional benefits, as follows:

  • March 2023: F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization.
  • April 2023: 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 expects to announce the specific effective date for the above-referenced categories in February.

LOOKING AHEAD

USCIS intends to expand premium processing service to the following applications:

  • May 2023: Certain F-1 students and J-1 exchange visitors with pending Form I-539, Application to Extend/Change Nonimmigrant Status.
  • June 2023: F-1 students and J-1 exchange visitors filing initial Form I-539 applications.

The author wishes to thank Law Clerk Jesse Wang for his contributions to this alert.

Gibney will continue to provide premium processing service updates as USCIS expands its offerings. If you have any questions, please contact your designated Gibney representative or email info@gibney.com.