USCIS Phases in Premium Processing for Certain I-140 Petitions

USCIS recently announced that it will accept premium processing requests for certain types of pending Form I-140s. The full details can be found below:

  • I-140 Petitions filed for International Executives and Managers (EB-1C):  Beginning June 1, 2022, USCIS will accept premium processing requests for pending I-140 petitions for international executives or managers (EB-1C) that were filed on or before January 1, 2021.  Starting July 1, 2022, USCIS will accept premium processing requests for pending I-140s for international executives or managers that were filed on or before March 1, 2021.

  • I-140 Petitions based on National Interest Waivers (EB-2 NIW):  Beginning July 1, 2022, USCIS will accept premium processing requests for I-140 petitions based on National Interest Waivers that were filed on or before June 1, 2021.  

In short, petitions for international managers or executives that have been pending nearly 18 months and NIW petitions that have been pending over a year will become eligible for premium.  

USCIS is gradually phasing in the option to premium process petitions and applications that Congress authorized as part of a bill passed in October 2020.   USCIS plans to implement premium processing for Form I-765, Application for Employment Authorization, Form I-539, Application to Change/Extend Nonimmigrant Status, and all types of Form I-140.    The agency has not established a specific timeline by when premium processing will become available for all these applications because of operational challenges that prevent them from meeting the expedited adjudication.  

We will continue to monitor the expansion of premium processing services and keep you updated.  

This alert is for informational purposes only. Please contact me if you would like to discuss this development further.

Nadia Yakoob