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USCIS Announces Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

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U.S. Citizenship and Immigration Services (USCIS) today announced the first implementation phase of the recently declared premium processing expansion. This expansion applies to specific petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the E13 multinational executive and manager classification or the E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

The expansion of premium processing will occur in two phases:

USCIS will start offering premium processing in a staggered approach for these Form I-140 petitions:

  • Starting 1st June 2022, we will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before 1st Jan 2021.
  • Starting 1st July 2022, we will accept Form I-907 requests for E21 NIW petitions received on or before June 1, 2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.

Premium processing might be available to petitioners who as of now have pending E13 multinational executive and manager or E21 NIW petitions, and petitioners should follow the schedule outlined in the chart below. The date close to every month is the receipt/priority date that will be eligible to file a premium processing upgrade request. For instance, if an E13 multinational executive and manager petition has a receipt date of 15th Jan 2021, they wouldn’t be eligible for premium processing services as of 1st June 2022. But if the receipt date was Dec. 23, 2020, they could file an upgrade using Form I-907, Request for Premium Processing Service. USCIS will reject premium processing requests for these classifications. That is filed before their start date of 1st June 2022, or 1st July 2022.

E13 and E21 Upgrade Schedule

E13 Upgrade Schedule
Start DateCorresponding Filing/Priority Dates
June 1, 2022On or before Jan. 1, 2021
July 1, 2022On or before March 1, 2021
E21 NIW Upgrade Schedule
Start DateCorresponding Filing/Priority Dates
June 1, 2022On or before Jan. 1, 2021

On 23rd May 2022, USCIS released a new version of Form I-907, dated 05/31/22. For the month of June, USCIS will accept both the 09/30/20 and the 05/31/22 edition of Form I-907, Request for Premium Processing Service. Beginning 1st July 2022, USCIS will reject petitions using the older 09/30/20 edition of Form I-907.

Background

As recently declared, USCIS is executing a few efforts to increase efficiency and decrease burdens on the overall legal immigration system. One of those efforts is extending premium processing to extra form types.

Moreover, on March 30, the Department of Homeland Security issued a final rule that grows the categories of forms ultimately eligible for premium processing services. Including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140.

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As specified by Congress, this final rule allows USCIS 45 days. Also, for premium processing of newly included Form I-140 E13 and E21 NIW requests.

Further, the next phase of premium processing expansion is expected to include Forms I-539 and I-765 for certain F, M, and J nonimmigrants.

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