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USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

Authored by:

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.

Reviewed by:

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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On May 24, 2022, the USCIS announced the following regarding premium processing for certain EB-1 and EB-2 petitions.

They will be implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain 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). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

As announced, the expansion will occur in phases:

  • Beginning June 1, 2022, they will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before Jan. 1, 2021.
  • Beginning July 1, 2022, they will accept Form I-907 requests for E21 NIW petitions received on or before June 1,2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.

They will reject premium processing requests for these classifications that are filed before their start date of June 1,2022, or July 1, 2022.

It is important to note, they will not accept new (initial) Forms I-140 with a premium processing request at this time.

Please reach out to us if you wish to upgrade a prior filed petition that meets the requirements and remains pending with USCIS at this time.

 

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