USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors

Posted by Nishu Sharma | Jan 27, 2023 | 0 Comments

On January 12, 2023, USCIS announced that it is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

Unlike previous phases of the expansion, this phase applies to new (initial) petitions, in addition to all previously filed Form I-140 petitions under an E13 (EB-1C) multinational executive and manager classification or E21 (EB-2) classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Petitioners who wish to request premium processing must file Form I-907, Request for Premium Processing Service.

Beginning January 30, 2023, USCIS will accept Form I-907 requests for the following:

  • All pending E13 multinational executive and manager petitions and E21 NIW petitions; and
  • All initial E13 multinational executive and manager petitions and E21 NIW petitions.

As previously announced, USCIS is expanding premium processing to additional form types as part of its efforts to increase efficiency and reduce burdens to the overall legal immigration system. Most importantly in the coming March, USCIS will expand premium processing to certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization. In April, USCIS will expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. USCIS will announce specific dates for each group in February 2023.

As USCIS implements the expansion of premium processing in a phased approach, USCIS will continue working towards premium processing availability of Form I-539, Application to Extend/Change Nonimmigrant Status. USCIS anticipates expanding premium processing for certain student and exchange visitors with pending Form I-539 applications in May 2023 and certain student and exchange visitors who are filing initial Form I-539 applications in June 2023. USCIS will make an announcement when it is ready to implement these phases. USCIS will also adhere to the legislative requirement that the expansion of premium processing does not result in an increase in processing times for immigration benefit requests not designated for premium processing or an increase in regular processing of immigration benefit requests so designated.

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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