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USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1

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U.S. Citizenship and Immigration Services (USCIS) 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 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).

Beginning Jan. 30, 2023, USCIS will accept Form I-907 requests for:

  • 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 their efforts to increase efficiency and reduce burdens to the overall legal immigration system. In March, they 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, they 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. They will announce specific dates for each group in February.

As USCIS implements the expansion of premium processing in a phased approach, they will continue to work toward premium processing availability of Form I-539, Application to Extend/Change Nonimmigrant Status. They anticipate expanding premium processing for certain student and exchange visitors with pending Form I-539 applications in May and certain student and exchange visitors who are filing initial Form I-539 applications in June. They will make an announcement when they are 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.

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