Fri. Dec 8th, 2023

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USCIS Implement Phase III of Premium Processing Expansion for Certain I-140 Petitions

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The U.S. Citizenship and Immigration Services (USCIS) reported the previous night that, effective immediately, It has started the third phase of growing the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing expansion. In particular, the USCIS is extending the option of premium processing service. To specific pending I-140 petitions filed under the EB1(c) multinational executive and manager category and EB2 national interest waiver (NIW) I-140 petitions.

The premium processing filing fee for these two categories of cases is as of now $2,500. USCIS is authorized to change premium processing fees bi-annually. Based on changes in the Consumer Price Index for all Urban Consumers (CPI-U).

Phased Expansion of Premium Processing

As point by point in the USCIS declaration, this development of premium processing has been phased in as follows:

  • The USCIS is presently accepting form I-907 requests for premium processing for EB1(c) petitions filed on or before 1st January 2022.
  • The USCIS is currently accepting form I-907 requests for EB2 NIW petitions filed on or before 1st February 2022.

Employers and foreign nationals should start working with their professionals. To identify pending cases in the impacted case types for which premium processing is currently available. And determine whether premium processing should be requested.

[How Does Retrogression Impact My Pending I-485?]

Over time, USCIS is supposed to declare further extensions in the scope of pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions eligible for premium processing updates. In addition, subsequent phases of premium processing extension are expected. To include forms I-539 and I-765 for specific F, M, and J nonimmigrants.


The USCIS is expected to continue growing this service and, eventually, all EB1(c) and EB2 NIW I-140 petitions will be eligible for premium processing. As soon as more details are delivered on these expansion plans, the details will be posted on this website.

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