USCIS Implements Second Phase of Premium Processing: Five Things You Need to Know

U.S. Citizenship and Immigration Services (USCIS) is implementing the second phase of its premium processing expansion for some petitioners with pending Forms I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. The second phase represents a modest expansion of the existing premium processing service at USCIS. Here are five things you need to know about the second phase of premium processing expansion.

  1. The second phase of premium processing expansion is limited – The second phase only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
  2. USCIS will not accept new applications with premium processing requests. The expansion of premium processing only applies to previously filed Form I-140 petitions.
  3. The second phase begins on August 31, 2022. At that time, USCIS will begin accepting Form I-907 requests for E13 multinational executive and manager petitions received on or before July 1, 2021; and E21 NIW petitions received on or before August 1, 2021.
  4. Premium processing still requires a processing period. USCIS has 45 days to take adjudicative action on cases requesting premium processing for these newly included Form I-140 classifications. However, the 45-day clock may not begin to run until USCIS has received all necessary documentation for the case. For example, if USCIS initially issues a Request for Evidence (RFE), a new 45-day period may begin after the petitioner responds to the RFE.
  5. You must use the new version of Form I-907. Effective July 1, 2022, you must use the new version of Form I-907, dated 05/31/22. USCIS will no longer accept the old version of the form, dated 09/30/20.

USCIS originally announced in May 2022 that it would expand its premium processing service as a part of a larger effort to eliminate backlogs and improve timely access to employment authorization documents. USCIS will continue to work toward additional phases in premium processing, including expanding premium processing for other Form I-140 petitions, including Form I-539, Application to Extend/Change Nonimmigrant Status and Form I-765, Application for Employment Authorization. These forms are for certain F, M, and J nonimmigrants. USCIS intends to complete these phases in the fiscal year 2022. As required by law, expanding premium processing will not increase the processing times for regular immigration benefit requests.

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