Pursuant to March 29th, 2022, announcement, USCIS to Implement Premium Processing Service for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

Posted by Nishu Sharma | May 24, 2022 | 0 Comments

On May 24th, 2022, USCIS announced that it will be implementing premium processing service for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

As previously announced on March 29th, 2022, USCIS is expanding premium processing service to additional form types as part of its efforts to increase efficiency and reduce burdens to the overall legal immigration system.

This expansion of premium processing service 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).

Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service. On May 23rd, 2022, USCIS published a new version of the Form I-907, dated 05/31/22. For the month of June, USCIS will accept both the 09/30/20 and the 05/31/22 editions of the Form I-907. Starting July 1, USCIS will reject the older 09/30/20 edition of the Form I-907.

Please note, the implementation of the premium processing service will occur in the following phases:

  • Beginning June 1st, 2022, USCIS will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before January 1st, 2021.
  • Beginning July 1st, 2022, USCIS will accept Form I-907 requests for E21 NIW petitions received on or before June 1st, 2021, and E13 multinational executive and manager petitions received on or before March 1st, 2021.

Also, USCIS will reject premium processing requests for these classifications that are filed before their start date of June 1st, 2022, or July 1st, 2022. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time. Please note, the issuance of a Request for Further Evidence (RFE) or Notice of Intent to Deny (NOID) will stop the premium processing timeframe. Upon receipt of the requested evidence, the timeframe will start over. USICS will refund the premium processing fee, but will continue processing the case, if it does not adjudicate the petition within the applicable timeframe. If the USCIS opens a fraud or misrepresentation investigation on a case, it will not refund the premium processing fee and will not adjudicate petition within the premium processing time frame.

In addition, DHS indicates that USCIS anticipates accepting premium processing requests from F–1, F–2, J–1, J–2, M–1 and M–2 applicants in FY 2022 and from E–1, E–2, E–3, L–2, H–4, O–3, P–4 and R–2 applicants in FY 2025. Thus, DHS has indicated it will prioritize premium processing for students applying for Optional Practical Training (OPT) and Exchange Visitors beginning in FY 2022, while others who require an Employment. Authorization Document may have to wait until FY 2025 so that USCIS has sufficient time to gather revenue to cover potential costs without adversely affecting the processing time for other benefits.

Furthermore, USCIS indicates premium processing will not be made available if it adversely affects the processing timeline for immigration benefits not designated for premium processing. As such, USCIS is prioritizing, and is in the process of expanding, electronic filing for all applications and benefit requests, including specifically the Form I-907, Request for Premium Processing. It expressly states that making the Form I-907 electronic will be a prerequisite to expanding the premium processing eligibility to newly designated immigration benefit requests.

We regularly update our blog section to acquaint the community with to latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.

About the Author

Nishu Sharma

Ms Nishu Sharma is the founder and Managing Attorney of SanSha Law Offices PLLC. It was founded on the principle and commitment to serve the people with the best service that we can provide. The firm has served clients from Texas and other states of the US. She has handled all kinds of complex im...

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