Premium Processing for EB-1C and EB-2 NIW Petitions
USCIS expands premium processing for I-140 petitions for EB-1C Multinational Managers and EB-2 National Interest Waiver classifications.
On January 30, 2023, the final phase of the expansion for premium processing went into effect for I-140 Immigrant Visa petitions for EB-1C Multinational Managers and EB-2 National Interest Waiver (NIW) classifications.
Beginning on January 30, USCIS began accepting premium processing requests for all new filings and any pending applications. In addition, USCIS also addressed its upcoming plans to expand premium processing for certain EAD and Form I-539 Extension of nonimmigrant status applications.
Expansion of Premium Processing to Form I-140
Beginning January 30, 2023, USCIS started to accept premium processing requests for any new or pending EB-1C Multinational Manager petition and any new or pending EB-2 NIW I-140 petitions. The premium processing fee for these two categories will be $2,500, which is the same as other applications eligible for premium processing.
Under the expansion, USCIS will make decisions on the premium processed I-140s within 45 days from the date the application is received. If a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is issued by USCIS, an additional 45-day period would begin once USCIS receives the response to the RFE or NOID.
Future Form I-765 and I-539 Expansion to Premium Processing
In addition to the above expansion of premium processing to I-140 petitions, USCIS has announced that there may be additional expansions to premium processing for F-1 students extending their status on Form I-539 as well as to their applications for an Employment Authorization Document (EAD) on Form I-765 for both Optional Practical Training (OPT), and STEM OPT.
USCIS anticipates this additional expansion of premium processing will go into effect in multiple stages, as it did with the EB-1C and EB-2 NIW categories. The proposed timeline for the expansion of premium processing is as follows:
March 2023 - Premium processing will be available for all PENDING Form I-765 applications for F-1 Students seeking OPT and STEM OPT
April 2023 - Premium processing will be available for all NEW Form I-765 applications for F-1 Students seeking OPT and STEM OPT
May 2023 - Premium processing will be available for all PENDING Form I-539 petitions for certain Students and Exchange Visitors
June 2023 - Premium processing will be available for all NEW Form I-539 petitions for certain Students and Exchange Visitors
USCIS is expected to provide additional details on the expansion for F-1 students and their applications for employment authorization in February 2023. SuperVisas is closely monitoring the announcement and will provide additional information as developments take place.
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