ARTICLE
25 January 2023

USCIS Expands Premium Processing To All EB-1 And EB-2 Classifications, Including New Petitions

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Ogletree, Deakins, Nash, Smoak & Stewart

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Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service...
United States Immigration

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational executive and manager petitions and E21 (EB-2) National Interest Waiver (NIW) petitions. On January 12, 2023, USCIS announced that this move is part of "the final phase of the premium processing expansion for Form I-140" and applies to all previously filed and new Form I-140 petitions under these classifications.

USCIS announced in September 2022 that the expansion of premium processing to additional form types was a part of USCIS's effort to increase efficiency. USCIS has indicated that the premium processing adjudication period for these specific categories will be forty-five days.

USCIS previously confirmed that premium processing would be expanded to certain F-1 students seeking Optional Practical Training (OPT) and F-1 STEM OPT extensions. In April 2023, USCIS will also expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765, Application for Employment Authorization. USCIS will announce these dates in February 2023.

USCIS also confirmed that the agency is implementing, through a "phased approach," expanded premium processing availability for Form I-539, Application to Extend/Change Nonimmigrant Status, to be announced later in the year.

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