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USCIS Premium Processing Updates

Premium Processing Updates

After nearly a year and a half of the U.S. Citizenship and Immigration Services (USCIS) hinting at the expansion of premium processing for EB-2 NIWs and EB-1Cs, USCIS has announced the expansion of premium processing to certain pending I-140s. 

For background, premium processing is a service that expedites the processing of Form I-129 and Form I-140. Premium processing is available for most work visas, and for some green card petitions and typically costs $2500. The processing time varies based on the type of petition, but it is typically between 15-45 days.

About the May 2022 update:

On May 24, 2022, USCIS announced that premium processing will be made available for certain Form I-140 petitions (employment-based green card applications), as well as Form I-539 (application to extend/change nonimmigrant status) and Form I-765 (employment authorization document application) in phases over the course of 2022. 

In this announcement, USCIS provided dates for when premium processing will be available for certain Form I-140 petitions. Specifically:

  • Beginning June 1, 2022, premium processing will be available for individuals with pending EB-1C petitions that were received by USCIS on or before January 1, 2021.
  • Beginning on July 1, 2022, premium processing will be available for individuals with pending EB-2 NIW petitions received on or before June 1, 2021, and individuals with pending EB-1C petitions that were received by USCIS on or before March 1, 2021.

Premium processing for the petitions mentioned above will cost $2500. Once Form I-907 is received and the $2500 fee is received by USCIS, your petition will be adjudicated within 45 calendar days.

How do I know when my petition was “received”?

After your I-140 was mailed in, you or your attorney should have received a receipt notice from USCIS digitally and/or in the mail. This notice will indicate the “received date”. The date it was received may be the date the package was delivered, but it could also be a few days after since USCIS’s mail room can take a few days to process it.

My pending petition is impacted by this expansion of premium processing. What should I do now?

If you have a pending EB-1C that was received before March 1, 2021 or January 1, 2021 or an EB-2 NIW petition that was received before June 1, 2021, great news!

In order to secure premium processing for your pending petition, your immigration team will need to mail USCIS:

  • A completed Form I-907 signed by your attorney
  • A check for $2500 
  • Your I-140 receipt notice

Once USCIS receives the request, they will process your I-140 within 45 calendar days. 

USCIS will reject premium processing requests that are filed before the corresponding start dates (June 1, 2022, or July 1, 2022), so make sure that you do not send in your request too early. 

How can I check the status of my pending I-140?

Using the receipt number on your receipt notice, you can check the status of your pending I-140 online. 

Is premium processing available for new EB-1C and EB-2 NIW petitions?

As of June 2022, USCIS has not indicated exactly when new premium processing will be available for new EB-1C and EB-2 NIW petitions.

Conclusion

We hope that the slow expansion of premium processing to more immigrant categories is good news for you and your family! We will continue to share updates about changes in policy and how they impact people like you. Subscribe to our newsletter to receive these updates. 

About the author:

Annie Blay

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.