United States Citizenship and Immigration Services (“USCIS”) plans to “increase efficiency and reduce burdens to the overall legal immigration system” in order to reduce their extensive adjudication backlogs and increased processing times, by expanding the premium processing service to include additional form types.
Premium Processing, is an option currently available to applicants of certain applications and petitions, including most nonimmigrant visa petitions and some employment-based Green Card applications. The Service allows applicants to pay an additional fee of $2,500 to have their cases adjudicated on an expedited basis. Starting on or around June 1, 2022, USCIS plans to make premium processing available to additional case types with varying fees and time frames. USCIS will announce in the future exactly when it will begin accepting applications for premium processing in the new categories.
Specifically, a 45-day premium processing will become available for I-140 Immigrant Petition for Alien Workers, requesting EB-1 immigrant classification as a multinational executive or manager (EB-1(c)), or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (“NIW”), for a premium processing fee of $2500. DHS anticipates a phased implementation approach, hoping to expand the additional I-140 categories in in Fiscal Year (“FY”) 2022.
Certain I-539 Applications for Change of status or Extension of Stay will be adjudicated in thirty days for a fee of $1,750. DHS anticipates accepting premium processing requests for I-539 applications from F-1, F-2, J-1, J-2, M-1 and M-2 categories in FY 2022 but E-1, E-2, E-3, L-2, H-4, O-3, P-4 and R-2 applicants will likely not be able to apply until FY 2025.
Lastly, I-765 Applications Employment Authorization are to be adjudicated in a thirty-day timeframe for a fee of $1,500. DHS expects the phased implementation for work cards from F-1 students applying for Optional Practical Training (OPT) and J Exchange Visitors in FY2022, but others who require an EAD may have to wait until FY 2025.
Together with the premium processing service, and in an effort to reduce existing processing backlogs, the Service has established “new internal cycle time goals” with the objective of having applicants and petitioners receive decisions on their cases in shorter time. “USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.” USCIS will also commit to “streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers.”
We will continue to monitor the implementation and update this article when we have news on the phased implementation of premium processing.
UPDATE September 16, 2022: USCIS announced it will begin to implement the next phase of expanding its premium processing service for certain petitioners who have a pending I-140 Immigrant Petition for Alien Worker, under the EB-1 and EB-2 classifications immediately.
USCIS is offering premium processing to previously filed Form I-140 petitions under an EB-1 Multinational Executive or Manager classification or EB-2 National Interest Waiver classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). This next phase is set to commence according to the following schedule:
Beginning September 15, 2022, USCIS will accept premium processing requests for pending EB-1 Multinational Executive or Manager petitions received on or before January 1, 2022.
Beginning September 15, 2022, USCIS will accept premium processing requests for EB-2 NIW petitions received on or before February 1, 2022.
Premium processing requests for the above classifications filed before the dates noted above, will be rejected by the Service.
UPDATE July 18, 2022: USCIS has announced it is ready to implement the second phase of expanding its premium processing service for certain petitioners who have a pending I-140 Immigrant Petition for Alien Worker, under the EB-1 and EB-2 classifications.
USCIS will offer premium processing to previously filed Form I-140 petitions under an EB-1 Multinational Executive or Manager classification or EB-2 National Interest Waiver classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). The second phase will commence according to the following schedule :
Beginning August 1, 2022, USCIS will accept premium processing requests for pending EB-1 Multinational Executive or Manager petitions received on or before July 1, 2021.
Beginning August 1, 2022, USCIS will accept premium processing requests for EB-2 NIW petitions received on or before August 1, 2021.
Premium processing requests for the above classifications that are filed before the start of the program on August 1, 2022, will be rejected by the Service.