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Department of Homeland Security Announces Expansion of Premium Processing

As of March 29th, 2022, the Department of Homeland Security (DHS) announced a new rule that will align premium processing with the Emergency Stopgap USCIS Stabilization Act. The new rule will legitimize fees and adjudication timeframes that are set by Congress for the premium processing track.

Premium processing is an expedited adjudication service that is only available to those petitioners who have filled out and filed a Form I-129, a Petition for a Nonimmigrant Worker, and is also available to certain petitioners who filed a Form I-140, Immigrant Petition for Alien Workers. The new rule expanded the ways in which a petitioner can be eligible for premium processing services. The new forms that one can file to be eligible for premium processing include Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization, and additional classifications under Form I-140 are also included.

USCIS intends to implement this new rule in a phased approach. Premium processing availability of Form I-539, Form I-765, and Form I-140 will be available in stages during the fiscal year 2022. USCIS is promising that this new rule expanding premium processing will not interfere with any regular immigration benefit requests and their timeframes.

USCIS has said that they will begin their phased implementation of this new rule by expanding premium processing eligibility to Form I-140 filers who request EB-1 immigrant classification specifically as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver.

This new rule should help in decreasing backlog within the immigration system and will hopefully not add to the already long adjudication times many are experiencing. Be sure to subscribe to Berardi Immigration Law’s social media channels to stay up to date on all of the latest immigration related news!