USCIS Implements Premium Processing for Some Previously Filed EB-1 and EB-2 Form I-40 Petitions

U.S. Citizenship and Immigration Services (USCIS) recently announced that it would implement premium processing for some previously filed Form I-40, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing services applies to only the following pending Forms I-40:

  • E13 multinational executive and manager petitions received on or before January 1, 2021, effective June 1, 2022
  • E21 national interest waiver (NIW) petitions received on or before June 2, 2021, effective July 1, 2022
  • E13 multinational executive and manager petitions received on or before March 1, 2021, effective July 1, 2022

Eligible petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service after the above applicable dates. USCIS has 45 days to process the Forms I-907 for these petitions.

USCIS published a new Form I-907 as of May 31, 2022, but will continue to accept the September 30, 2020, version of the Form I-907 until June 30, 2022. On July 1, 2022, USCIS will begin accepting only the May 31, 2022, version of the form.

USCIS is not accepting new Form I-40 filings for these categories with premium processing requests at this time, but only for the pending petitions filed within the timeframes listed above. USCIS also will reject filings requesting premium processing for these petitions if petitioners file them prior to the implementation dates listed above.

This expansion of premium processing to selected Forms I-40 is a part of the overall expansion of premium processing. To comply with congressional mandates, USCIS is rolling out the expansion in phases in a manner that will not increase processing times for regular immigration benefit requests. In fiscal year 2022, USCIS intends to roll out premium processing for additional Forms I-140, Form I-539, and Form I-765.

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