USCIS to Implement Premium Processing for Previously Filed EB-1C and EB-2 NIW Form I-140 Petitions

Insights & Alerts

USCIS to Implement Premium Processing for EB-1C and EB-2 NIW Form I-140 Petitions

Published on May 24, 2022
Updated January 12, 2023

The Department of Homeland Security (DHS) previously announced the expansion of premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing applies to previously filed Form I-140 petitions under the multinational executive and manager classification (EB-1C) and members of the profession with advanced degrees or exceptional ability seeking a national interest waiver (EB-2 NIW).

Premium Processing allows a petitioner or applicant to pay an additional government filing fee, presently $2,500, to request that USCIS adjudicate a filing within an expedited timeframe from its receipt. Petitioners who wish to request a premium processing upgrade for EB-1C or EB-2 NIW cases must file Form I-907, Request for Premium Processing Service for a response from USCIS within 45 calendar days.

This expansion of premium processing will occur in phases:

Beginning August 1, 2022, USCIS will accept Form I-907 requests for EB-2 NIW petitions received on or before August 1, 2021, and EB-1C multinational executive and manager petitions received on or before July 1, 2021.
Beginning June 1, 2022, employers sponsoring green cards for multinational executives and managers will be able to request premium processing for petitions received by USCIS on or before January 1, 2021.
Beginning July 1, 2022, USCIS will accept Form I-907 requests for EB-2 NIW petitions received on or before June 1, 2021, and EB-1C multinational executive and manager petitions received on or before March 1, 2021.
Beginning September 15, 2022, USCIS will accept Form I-907 requests for EB-2 NIW petitions received on or before February 1, 2022, and EB-1C multinational executive and manager petitions received on or before January 1, 2022.
Beginning January 30, 2023, USCIS will accept Form I-907 requests for EB-2 NIW petitions and EB-1C multinational executive and manager petitions.

In the upcoming fiscal year, USCIS will phase in additional categories as part of the expansion of premium processing, including the Form I-539, Application to Extend/Change Nonimmigrant Status and Form I-765, Application for Employment Authorization.

Please contact the Immigration Attorneys at Ryan Swanson if you have any questions or need assistance with a Premium Processing request.

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This article has been published by Ryan, Swanson & Cleveland, PLLC to inform about recent developments in the law. Because each situation is unique, this information is intended for general informational purposes only and should not be construed as legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington