USCIS Expands Premium Processing for Certain Pending I-140 Petitions

Starting August 1, 2022, USCIS will expand the availability of premium processing to certain pending Form I-140s for international managers and executives and National Interest Waivers.  

Specifically, USCIS will accept premium processing upgrades for the following I-140s: 

• Petitions for multinational executive and manager (EB-1C) received on or before July 1, 2021; and

• Petitions for National Interest Waivers (EB-2 NIW) received on or before August 1, 2021.

USCIS also announced that it will have 45 days to adjudicate the pending petition after a premium processing request is filed instead of the 15-day timeline for other premium processing requests.  USCIS will not accept premium processing requests for pending EB-1C or EB-2 NIW I-140s filed after the dates listed above.  The agency also is not yet ready to premium process new I-140s filed under the EB-1C and EB-2 NIW categories.  

USCIS clearly is taking a very incremental (and annoying) approach to expanding the availability of premium processing to petitions and applications.  That said, USCIS confirmed that it will work towards implementing premium processing for Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, in fiscal year 2022. Prior to this announcement, USCIS had not given any clear indication of their planned timeline.  The agency's announcement can be found here. 

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.