July 20, 2022

In Progress: Second Phase of Premium Processing

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U.S. Citizenship & Immigration Services (USCIS) is carrying out its intention to expand the premium processing program by implementing the second phase of premium processing expansion for certain petitioners that have a pending Form I-140 employment-based immigrant visa petition, under the EB-1 and EB-2 classifications. Beginning Aug. 1, 2022, USCIS will accept premium processing requests (Form I-907) for I-140 EB-1 Multinational Executive and Manager petitions received on or before July 1, 2021 and for I-140 EB-2 Professionals with Advanced Degrees or Exceptional Ability Seeking A National Interest Waiver petitions received on or before Aug. 1, 2021.

On May 24, 2022, USCIS published a new version of Form I-907, dated May 31, 2022. As of July 1, 2022, USCIS will no longer accept the Sept. 30, 2020 edition of the Form I-907 and applicants must file these requests using only the May 31, 2022 edition of Form I-907. The U.S. government filing fee for the I-140 EB-1 or EB-2 premium processing upgrade is $2,500, and USCIS will process these upgrades in 45 calendar days.

USCIS has made some progress in dealing with its substantial case backlog with the second phase of premium processing expansion, but it is yet to announce when relief for new (initial) Form I-140, Form I-539 Applications to Extend/Change Nonimmigrant Status, and Form I-765 Applications for Employment Authorization will be implemented beyond a general statement that this expansion will be implemented in "fiscal year 2022." Time will tell how long it takes USCIS to address the backlogs and processing time issues.

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