USCIS Offers Premium Processing for More Permanent Resident Petitions

Gibney Anthony & Flaherty, LLP
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U.S. Citizenship and Immigration Services (USCIS) has further expanded  premium processing eligibility to include more Form I-140, Immigrant Petitions for Alien Workers, under the EB-1 and EB-2 classifications, consistent with its initiative to expand premium processing service for certain long-pending, employment-based permanent resident petitions.

As of September15, 2022, premium processing service is now available for:

  • I-140 petitions filed on behalf of multinational executives and managers (EB-1(3) classification) with receipt dates on or before January 1, 2022.
  • I-140 petitions for persons seeking a National Interest Waiver (EB-2(1) NIW classification) with receipt dates on or before February 1, 2022.

How to Apply
Petitioners who wish to request a premium processing upgrade must file the new 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.

USCIS will reject premium processing requests if the initial petition receipt date is after the eligibility date, nor will USCIS accept  premium processing requests for newly filed I-140 petitions in the above-referenced categories  at this time.

What’s Next?

USCIS intends  to expand premium processing to additional form types in the months ahead including additional Form I-140 petitions, Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization as part of its mission to improve efficiencies and reduce burdens in accessing immigration benefits.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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