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USCIS Announces Premium Processing and New Online Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extensions

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Shama Merchant Poonja Headshot

CEO & Managing Attorney

Shama Merchant Poonja

As a first generation American, Ms. Poonja is committed to the field of immigration law. Since 2013, Ms. Poonja has been representing corporate and individual clients on a wide variety of business and family immigration law matters.

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Sejal Parikh Headshot

Senior Attorney

Sejal Parikh

Ms. Parikh’s experience in business immigration includes representing employers of all sizes in various industry verticals, from Fortune 500 multinational corporations to emerging growth companies, startups, and large consulting companies. She provides expertise across a wide range of employment-based cases, focusing on both nonimmigrant and immigrant petitions.

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The USCIS announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. Online filing of Form I-907, Request for Premium Processing Service, is now also available to F-1 students in these categories.

The following information has been taken from the USCIS website on premium processing procedures at this time (03/17/2023):

Form I-140, Immigrant Petition for Alien Worker – adjudicative action to be taken within 15 calendar days
Designated Classification Within Form I-140 Corresponding Employment-Based (EB) Immigrant Visa Classification Availability Date1 Termination Date2
Aliens of extraordinary ability E11 Nov. 13, 2006, and reinstated June 29, 20093
Outstanding professors and researchers E12 Sept. 25, 2006, and reinstated June 29, 20093
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver E21 Sept. 25, 2006, and reinstated June 29, 20093
Skilled workers4 E31 Aug. 28, 2006, and reinstated June 29, 20093
Professionals4 E32 Aug. 28, 2006, and reinstated June 29, 20093
Workers other than skilled workers and professionals EW3 Sept. 25, 2006, and reinstated June 29, 20093
Form I-140, Immigrant Petition for Alien Worker to be processed within 45 calendar days
Designated Classification Within Form I-140 Corresponding Employment-Based (EB) Immigrant Visa Classification Availability Date1 Termination Date2
Multinational executives and managers E13 As of Jan. 30, 2023, all pending and initial Form I-140 petitions under an E13 multinational executive and manager classification are eligible to request premium processing.
Members of professions with advanced degrees or exceptional ability seeking a national interest waiver E21 As of Jan. 30, 2023, all pending and initial Form I-140 petitions under an E21 NIW classification are eligible to request premium processing.

1 The availability date is the date that the classification was initially deemed eligible for premium processing.

2 The termination date reflects the last day that we accepted filings requesting that specific classification. If a date is entered in this column, that classification is currently ineligible for premium processing.

4 If designated as available. Please see the section on additional conditions placed on premium processing availability.

Form I-765, Application for Employment Authorization to be processed within 30 calendar days
Form I-765 Category Description Availability Date Termination Date
(c)(3)(A) F-1 student, pre-completion Optional Practical Training Please refer to the upgrade chart below for pending and concurrently filed applications.
(c)(3)(B) F-1 student, post-completion Optional Practical Training Please refer to the upgrade chart below for pending and concurrently filed applications.
(c)(3)(C) F-1 student, 24-month extension for STEM Optional Practical Training Please refer to the upgrade chart below for pending and concurrently filed applications.

Premium Processing for E13 Multinational Executives and Managers or E21 with National Interest Waiver

Beginning June 1, 2022, USCIS began phasing in premium processing for E13 multinational executives and managers. On July 1, 2022, USCIS began phasing in E21 petitions seeking a national interest waiver (NIW) and additional E13 multinational executive and manager petitions. As of Jan. 30, 2023, all pending and initial Form I-140 petitions under an E13 multinational executive and manager classification and E21 NIW classification are eligible to request premium processing.

Premium Processing for F-1 Students Seeking OPT and STEM OPT extensions

Beginning March 6, 2023, USCIS began phasing in premium processing for F-1 students seeking optional practical training (OPT) and STEM OPT extensions. Online filing of Form I-907 is also available to F-1 students in these categories. Please refer to the chart below regarding the upgrade schedule and when new applications may be filed with the request for premium processing.

F-1 Student Upgrade Schedule
Start Date Corresponding USCIS Form Type
March 6, 2023 Pending Form I-765 previously filed
April 3, 2023 Form I-765 concurrently filed with Form I-907

 

Please reach out to our office if you wish to use premium processing in your application.

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The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.