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USCIS Expands Eligibility for Premium Processing Upgrades of EB-1C

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US EB-5 Visas

Starting 1st August 2022, United States Citizenship and Immigration Services (USCIS) will start accepting Form I-907, Request for Premium Processing Upgrades & Service, for the following petitions which are pending with USCIS:

  • EB-1C multinational executive and manager I-140 petitions got at the latest 1st July 2021.

Premium Processing Upgrades of EB-1C

The Premium Processing filing charge for these I-140 immigrant petitions is $2,500. Unlike past premium processing petitions, USCIS will have 45 days to make a move on pending I-140 petitions upgraded to premium processing in these two categories. The guidelines express that the processing clock will just start to run upon the date. USCIS gets “all prerequisites for adjudication”. Therefore, it is only after USCIS makes this assurance that the 45-day processing clock will begin. If a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is given. A new 45-day period would start once USCIS gets the candidate’s response to the RFE or NOID.

As explained in our previous alert, USCIS announced that it would grow its premium processing service. To include extra case types, in accordance with the last rule given by the DHS on 31st May 2022. The rules implement the Emergency Stopgap USCIS Stabilization Act passed by Congress. It is essential for the office’s efforts to lessen existing backlogs and give required help to Employment Authorization Document (EAD) cardholders.

USCIS recently extended premium processing in the following stages:

  • Starting 1st June 2022, USCIS accepted premium processing requests for EB-1C multinational executives. Also, managers and petitions were received on or before January 1, 2021.
  • Starting 1st July 2022, USCIS accepted premium processing requests for EB-2 NIW petitions received on or before 1st June 2021. And EB-1C multinational executive and manager petitions were received on or before 1st March 2021.

[Changes to the NIV Appointments in India to Prevent Misuse by Certain Agents]

The following period of premium processing development is supposed to include Forms I-539 and I-765 for specific F, M, and J nonimmigrants. USCIS has estimated that Premium Processing for these case types won’t be available until later in 2022. USCIS has declared that by 2025, premium processing will be extended. To include Form I-539 for E, H, L, O, P, and R dependents, as well as Form I-765 for extra candidates.

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