USCIS to Implement Premium Processing for Certain Previously Filed Form I-140 Petitions

On Might 24, 2022, U.S. Citizenship and Immigration Companies (USCIS) introduced that it will start implementing premium processing for sure petitioners who’ve a pending Form I-140 beneath the EB-1 and EB-2 classifications.

As defined in our earlier alert, USCIS had introduced that it’s going to increase its premium processing service to embrace extra immigration profit case sorts, pursuant to a closing rule issued by the Division of Homeland Safety (DHS). The rule is meant to implement the Emergency Stopgap USCIS Stabilization Act handed by Congress and is a part of USCIS’s efforts to cut back present backlogs and supply wanted aid to Employment Authorization Doc (EAD) cardholders.

Whereas the rule will grow to be efficient on Might 31, 2022, it will likely be carried out in a phased strategy over a three-year interval. USCIS has now begun implementing these adjustments to premium processing, beginning with sure Form I-140 classifications: EB-1C (classification as a multinational govt or supervisor) and EB-2 (classification as a member of professions with superior levels or distinctive skill looking for a nationwide curiosity waiver (NIW)).

This enlargement will happen within the following phases:

  • Starting June 1, 2022, USCIS will settle for premium processing requests for EB-1C multinational govt and supervisor petitions obtained on or earlier than January 1, 2021.

  • Starting July 1, 2022, USCIS will settle for premium processing requests for EB-2 NIW petitions obtained on or earlier than June 1, 2021, and EB-1C multinational govt and supervisor petitions obtained on or earlier than March 1, 2021.

USCIS will solely settle for premium processing requests for presently pending instances primarily based on their date of submitting, as famous above. USCIS isn’t accepting new Form I-140 petitions in these classes with a premium processing request right now. We anticipate that USCIS will increase premium processing requests for extra not too long ago filed EB-1 and EB-2 petitions sooner or later.

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