USCIS Implements Third Phase Of Premium Processing Expansion For Previously Filed EB-1C And EB-2 NIW Petitions – General Immigration


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U.S. Citizenship and Immigration Services (USCIS) announced that premium processing is now
available for certain previously filed Form I-140 immigrant
petitions seeking classification under the EB-1C multinational
executive and manager and the EB-2 National Interest Waiver (NIW)
categories. This is the third phase of the planned expansion of premium processing services by USCIS in an agency-wide effort to increase
efficiency and reduce backlogs caused by COVID-19, among other
things.

As of September 15, 2022, USCIS will accept Form I-907, Request
for Premium Processing for the following:

  • EB-1C multinational executive and manager petitions that were
    received on or before January 1, 2022; and

  • EB-2 NIW petitions that were received on or before February
    1, 2022
    .

Premium processing is not currently available for new (initial)
EB-1C or EB-2 NIW filings.

Eligible petitions may submit Form I-907 to USCIS with the
required filing fee of $2,500. The premium processing timeframe for
EB-1C and EB-2 NIW petitions is 45 days from the date USCIS
receives the request for premium processing.

Background

Earlier this year, USCIS announced new initiatives to increase
efficiency and reduce burdens to the legal immigration system,
including filing a final rule that aligned premium processing
regulations with the Emergency Stopgap USCIS Stabilization Act. The
final rule codified premium processing fees and adjudication
timeframes, and expanded premium processing services to include
Form I-539, Application to Extend/Change Nonimmigrant Status, Form
I-765, Application for Employment Authorization, and additional
categories of Form I-140 immigrant petitions, including EB-1C and
EB-2 NIW. At the time of publishing, USCIS explained that the
expansion of premium processing services would be implemented in a
phased approach to ensure that that the expansion did not cause an
increase in processing times for regular immigration benefit
requests.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
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