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

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Cozen O'Connor

On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing premium processing for certain petitioners who have a pending Form I-140 Immigrant Petition for Alien Worker under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously-filed I-140 petitions under the E13 multinational executive and manager classification or E21 classification as a member of professions with an advanced degree or exceptional ability seeking a national interest waiver (NIW). Any petitioner who wishes to request a premium processing upgrade must file Form I-907 Request for Premium Processing Service along with the USCIS filing fee of $2,500.

The expansion will occur in two phases:

  • Beginning June 1, 2022, USCIS will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before January 1, 2021.
  • Beginning July 1, 2022, USCIS 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.

Any filing prior to the posted start date of June 1, 2022, or July 1, 2022, will be rejected. And USCIS will not accept new (initial) Form I-140 filings with a premium processing request at this time.

The newest version of Form I-907, published on May 23, 2022, and dated May 31, 2022, should be used. The older version of Form I-90, with a date of September 30, 2020, will be rejected as of July 1, 2022.

This announcement follows through on the USCIS’ previous announcement that it would expand premium processing to additional form types as part of its efforts to increase efficiency and reduce burdens to the overall legal immigration system.

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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