USCIS to expand premium processing to some previously filed EB-1 and EB-2 Form I-140 petitions

U.S. Citizenship and Immigration Services (USCIS) announced Tuesday that it would make premium processing available to certain petitioners with pending Form I-140 applications under the EB-1 and EB-2 classifications.

The expansion will apply to certain previously filed Form I-140 petitions under (1) an E13 multinational executive and manager classification or (2) an E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Key Points:

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

Additional Information: USCIS is taking a phased approach to expanding premium processing as part of a broader effort to reduce backlogs and provide relief to foreign nationals affected by processing delays. At this time, USCIS will not accept initial Forms I-140 with a premium processing request for the classifications listed above. It will also reject premium processing requests that are filed before the applicable start date.

USCIS published a new version of the Form I-907 this week. The new form is dated May 31, 2022, but the agency will accept both the current and new versions in the month of June. Beginning July 1, it will only accept the new version.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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