USCIS To Expand Premium Processing To EB-1C, EB-2 NIW, I-539, And EAD Applications

Department of Homeland Security (DHS) has announced a final rule to expand the categories of petitions and applications eligible for Premium Processing services. Currently, expedited adjudication under Premium Processing services is available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain petitioners filing a Form I-140, Immigrant Petition for Alien Workers. Under the new final rule, availability of Premium Processing services is proposed to be expanded to certain additional classifications under Form I-140, as well as certain applications to extend or change nonimmigrant status (Form I-539), and applications for Employment Authorization (Form I-765).

USCIS plans to make available Premium Processing for Form I-140s filed under EB-1C, Multinational Executives and Managers and EB-2 National Interest Waiver (NIW) classifications, as well as certain Form I-539 and Form I-765 applications by September 30, 2022. USCIS will begin implementing the expansion in a phased manner.

The proposed Premium Processing fees and applicable timeframes for the new classifications are as below:

  • Form I-140s filed under EB-1C, Multinational Executives and Managers classification – $2,500, 45 days
  • Form I-140s filed under EB-2 National Interest Waiver (NIW) classification – $2,500, 45 days
  • Form I-539s seeking Change of Status to F, J, or M classifications – $1,750, 30 days
  • Form I-539s seeking Change of Status to or Extension of Stay in E, H-4, L-2, O-3, P-4 or R-2 classifications – $1,750, 30 days
  • Form I-765s requesting employment authorization – $1,500, 30 days

The new final rule will become effective 60 days after its publication in the Federal Register. USCIS will announce the availability of Premium Processing service for newly designated classifications, and such services will become available as stated at that time.

The above decision is part of the administration’s efforts to increase efficiency and reduce processing backlogs. USCIS is establishing new internal cycle time goals, and will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. USCIS has also begun streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited EAD renewals for healthcare and childcare workers.

If you have any questions about the Premium Processing service or need help expediting your Immigration petition or applications, contact VisaPro Law Firm today. Our experience attorneys will be glad to assist you.

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