October 7, 2022

USICS Continues Premium Processing Expansion Implementation

Jonathan Eggert, Melissa Azallion Kenny, Anna Scully

Burr & Forman

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Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced as an option for certain immigration benefit applicants and petitioners to request expedited 15-day processing for an additional fee. The fee to request Premium Processing was originally set at $1,000 but has increased several times since the program’s inception, and was most recently elevated to $2,500.

On March 30, 2022, USCIS published a final rule outlining numerous changes to the Premium Processing service, including an expansion of eligible petition and application categories. The Implementation of the Emergency Stopgap USCIS Stabilization Act outlines the additional categories for which Premium Processing will be available and a phased implementation plan. Prior to the new rule, only the following were eligible for Premium Processing:

Form	Applications Previously Eligible for Premium Processing	Fee	Time Frame
I-140	EB-1 Alien of Extraordinary Ability (EB-1A); EB-1 Outstanding Professors and Researchers (EB-1B); EB-2 Members of the Professions with Advanced Degrees or Exceptional Ability, not seeking NIW; EB-3 Skilled Workers; EB-3 Professionals; EB-3 Workers other than Skilled Workers and Professionals	$2,500.00	15 days
I-129	E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, Q-1, TN-1, TN-2	$2,500.00	15 days
I-129	R-1 and H-2B	$1,500.00	15 days

Under the new rule, USCIS added a 45-day Premium Processing option for petitions requesting EB-1 immigrant classification as a Multinational Executive or Manager (“MEM”) as well as petitions requesting EB-2 immigration classification with a National Interest Waiver (“NIW”). Additionally, USCIS announced plans to expand Premium Processing to certain I-539 and I-765 applications. The Premium Processing classifications for which Premium Processing will be available under the new rule are summarized as follows:

Form	Eligible Application	Fee	Time Frame
I-140	EB-1 – Multinational Executive or Manager	$2,500.00	45 days
	EB-2 – Members of the Professions with Advanced Degrees or Exceptional Ability Seeking a National Interest Waiver
I-539 (Proposed)	Change of Status Request to: F-1, F-2, J-1, J-2, M-1, or M-2	$2,500.00	30 days
	Change of Status to or Extension of Stay in: E-1, E-2, E-3, H-4, L-2, O-3, P-4, or R-2
I-765 (Proposed)	Request for Employment Authorization	$1,500.00	30 days

As part of the phased implementation, USCIS is first making Premium Processing available to long-pending MEM and EB-2 NIW petitions. The third phase of implementation, which went into effect on September 15, 2022, permits Premium Processing for MEM petitions filed on or before January 1, 2022 and EB-2 NIW petitions filed on or before February 1, 2022. USCIS anticipates accepting Premium Processing requests of Form I-539 for F–1, F–2, J–1, J–2, M–1 and M–2 applicants in the next year. Premium Processing for eligible I-765 applications is expected to begin by FY 2025.

Premium Processing eligibility for MEM and EB-2 NIW petitions is a welcome change for employers, given typical adjudication timelines for both types of petitions have regularly eclipsed eight months in recent years. It remains to be seen whether the Premium Processing expansion will negatively affect adjudication timeframes for immigration benefits filed under regular processing. Processing times have slowed dramatically since the beginning of the COVID-19 pandemic in March 2020; although, USCIS has indicated it is working to return to more efficient processing timeframes. In the interim, employers seeking to sponsor foreign national workers for immigration benefits should work closely with immigration counsel to avoid potential business interruptions caused by processing delays.

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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.