USCIS to Implement Premium Processing for Certain Previously-Filed EB-1 and EB-2 Form I-140 Petitions
On May 24, 2022, USCIS announced that it would be implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers under the EB-1 and EB-2 classifications. Premium processing provides expedited processing for Form I-140. It guarantees that the USCIS will take some adjudicative action on the case within 15 calendar days for most classifications or 45 calendar days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver (NIW) classifications. If this does not happen, the applicant will receive a refund for the premium processing fee and USCIS will continue with the expedited process.
This expansion only applies to certain previously filed Form I-140 petitions under an E1 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. Petitioners who would like to request a premium processing upgrade must file Form I-907, Request for Premium Processing. The expansion will occur in phases:
- On June 1, 2022, USCIS will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before January 1, 2021.
- On 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.
Premium processing requests for these classifications that are filed before their respective start dates will be rejected. Additionally, USCIS will not accept new Form I-140s with a premium processing request at this time.
On May 23, 2022, USCIS released a new version of Form I-907, dated 5/31/2022. During the month of June, USCIS will accept both the old and new version of Form I-907 but after July 1, 2022, only the new Form I-907 will be accepted.
If you have questions on this, be sure to contact Berardi Immigration Law to schedule a consultation with one of our attorneys today!