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USCIS Expands Premium Processing Availability for EB-1C and NIW Petitions

USCIS has announced the second phase of its premium processing expansion for I-140 petitions in the EB-1C (multinational executives/managers) and EB-2 National Interest Waiver categories. Beginning August 1, 2022, petitioners with an already-pending I-140 petition in one of these categories will be eligible to request a premium processing upgrade if their petition was filed:

  • On or before July 1, 2021 for EB-1C petitions; and
  • On or before August 1, 2021 for NIW petitions.

The premium processing upgrade may be requested by filing Form I-907 with the $2,500 filing fee and a copy of the I-797 Receipt Notice for the pending petition. Unlike most categories for which premium processing is available, USCIS will take action I-140 petitions in the EB-1C/NIW categories within 45 days of the upgrade, rather than 15 days. Action on the case may be in the form of a decision or Request for Evidence.

Applicants are particularly encouraged to upgrade their pending I-140 petition with premium processing if they have pending I-485 adjustment of status applications and are in the EB-1 category, or have a current priority date in the EB-2 category. USCIS is aiming to adjudicate eligible I-485 applications by September 30, 2022 if they were filed prior to June 2022, in an effort to use as many employment-based immigrant visa numbers as possible for FY 2022. Upgrading a pending I-140 petition in one of the above categories and the subsequent faster approval may enable USCIS to approve the beneficiary’s pending adjustment of status application by September 30, and eligible beneficiaries are therefore encouraged to take advantage of the premium processing expansion as soon as it becomes available on August 1.

By: Rebecca Chen

Rebecca Chen is a Partner at Reddy & Neumann. Her representation includes advising clients throughout the non-immigrant and immigrant visa application process, from initial filing, responding to various requests for evidence, and processing at overseas consulates. Her years of experience in the immigration field have made her a knowledgeable resource for complex business immigration matters.