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USCIS to Implement Second Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

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U.S. Citizenship and Immigration Services (USCIS) is implementing the second phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Similar to the first phase of the expansion, this phase 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.

Beginning August 1, 2022, USCIS will accept Form I-907 requests for:

  • E13 multinational executive and manager petitions received on or before July 1, 2021; and
  • E21 NIW petitions received on or before August 1, 2021.

USCIS will reject premium processing requests for these Form I-140 classifications if the receipt date is after the dates listed above. USCIS has 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time.

As previously announced, USCIS is expanding premium processing to additional form types as part of their effort to increase efficiency and reduce burdens to the overall legal immigration system. As the expansion of premium processing is being implemented in a phased approach, they will continue working toward premium processing availability of additional Form I-140 petitions, Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, in fiscal year 2022. USCIS will also adhere to the legislative requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests.

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