USCIS Expands Premium Processing for Additional Forms in EB2 and EB1 Categories

Recently, the United States Citizenship and Immigration Services (USCIS) announced that starting August 1, 2022, it will accept Premium Processing (I-907) requests for EB-2 NIW receipted before or on July 1, 2021. And it will also accept EB-1C Multinational Executive and Manager Petitions receipted before or on August 1, 2021.

This expansion of premium processing for additional forms imposed on May 24, 2022, is in accord with the final rule of Implementation of the Emergency Stopgap USCIS Stabilization Act.

What Is Premium Processing?

Premium processing allows applicants to request 15 or 45 calendar days to expedite the applications of certain immigration benefits for an additional fee. The fee is currently $1,500 or $2,500. The cost solely depends on the type of application.

Clarification on RFEs and NOIDs and Resetting the 15-Day Clock

The 15- or 45-day period will begin when Form I–907 is properly received by the USCIS. The USCIS will either issue an approval notice, denial notice, notice of intent to deny or request for evidence. Or the agency will open an investigation for fraud or misrepresentation within the 15- or 45-day period.

If a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) is issued, a new 15- or 45-day period will begin when the USCIS receives the response.

A man looking at EB2 premium processing document

Current Eligible Premium Processing Categories

  • Form I-129: 15-day processing, with an additional fee of $2,500.
  • Form I-140 (for certain categories): 15- or 45-day processing, with an additional fee of $2,500.

Proposed Additional Premium Processing Categories

  • Form I-539 (for certain categories): 30-day processing, with an additional fee of $1,750.
  • Form I-765: 30-day processing, with an additional fee of $1,500.

Anticipated Implementation Timeline

  • Fiscal year 2022: Form I-140 (EB-1C and EB-2 NIW), Form I-539 (Change of Status to F–1, F–2, J–1, J–2, M–1 and M–2) and Form I-765 (OPT and Exchange Visitors).
  • Fiscal year 2025: Form I-539 (Change/Extension of Status to E–1, E–2, E–3, L–2, H–4, O–3, P–4 and R–2) and Form I-765.

While the final rule became effective on May 31, 2022, the rule authorized USCIS to retain discretion when deciding the exact implementation dates and additional conditions.

USCIS will publish official announcements on its website. This will allow applicants to file premium processing requests on specific categories.

If you experience a delay of your immigration case, take these 7 steps when USCIS delays your immigration case.


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About the Author: Tzu-Hui (Olivia) Chien, Esq.

Tzu-Hui (Olivia) is an immigration attorney at System Soft Technologies. She’s devoted to the practice of U.S. immigration and nationality law, including applications for permanent residence and temporary visa petitions. Through her extensive experience in a wide variety of complex immigration matters, she provides strategic planning advice and advocacy of talented professionals to ensure the best possible chance of positive outcomes.