USCIS Expands Premium Processing for Form I-140 for EB-1 & EB-2 Classifications

USCIS is implementing the final phase of their premium processing expansion, specifically for Form I-140 under the EB-1 and EB-2 classifications. Form I-140, Immigrant Petition for Alien Workers, is filed to petition for a noncitizen worker to become a permanent resident in the US. 

The EB-1 classification covers those petitioners who are permanent workers with extraordinary ability, outstanding professor or researcher, or multinational executive or manager. EB-2 is for workers with advanced degrees or exceptional ability.

This new expanded phase of premium processing will now appy to new petitions, in addition to all previously filed Form I-140 petitions under E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a NIW, or national interest waiver.

If you are a petitioner and wish to request premium processing, you must file a Form I-907, Request for Premium Processing Service. You must also pay the premium processing fee, which is $2,500 if you are filing Form I-140 requesting EB-1, EB-2, or EB3 immigrant visa classification. This is in addition to your Form I-140 filing fee of $700 and all other associated fees.

Fees can be paid by money order, personal check, or by cashier’s check. You can also pay with a credit card using Form G-1450, Authorization for Credit Card Transactions. Make out all checks to the U.S. Department of Homeland Security.

This premium processing expansion will take effect on January 30, 2023. Starting on this date, the USCIS will accept Form I-907 requests for the following:

  • All pending E13 petitions and E21 NIW petitions
  • All initial E13 petitions and E21 NIW petitions

This premium processing expansion is part of the USCIS efforts to increase their overall efficiency and help alleviate the current backlog. It will also help with their efforts to increase cash reserves and generate more capital in order to grow their workforce and invest in new, better technologies.

In March of 2023, premium processing will be expanded even further to include certain F-1 students seeking OPT, or optional practical training along with F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization. 

In April of 2023, premium processing will be expanded even further to include F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. Dates for these specific expansions will be announced in February 2023.

USCIS also expects to expand premium processing to certain student and exchange visitors with a pending Form I-539, Application to Extend/Change Nonimmigrant Status, in May, as well as certain student and exchange visitors who are filing an initial Form I-539 in June.

An announcement will be made once more information is available on exact dates for premium processing expansion availability. Check back for updates!

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