Key Points
- USCIS has announced the final phase of premium processing expansion for certain EB-1 and EB-2 Form I-140 petitions
- Premium processing will also expand to certain F-1 students seeking OPT and certain student and exchange visitors
- USCIS will start accepting Form I-907 requests for initial and pending E13 and E21 NIW petitions on January 30, 2023
- USCIS will expand premium processing to F-1 OPT students with a pending Form I-765 in March 2023
- USCIS will expand premium processing to F-1 OPT students filing an initial Form I-765 in April 2023 USCIS may further expand premium processing to Form I-539 applications
Overview
US Citizenship and Immigration Services (USCIS) has announced the final phase of premium processing expansion for EB-1 and EB-2 Form I-140 petitions. It will also expand premium processing to certain F-1 students over the next few months.
USCIS will implement the final phase of premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under EB-1 and EB-2 classifications. This final phase will apply to all eligible petitions, including initial petitions. It will also include Form I-140 petitions filed under an E13 multinational executive and manager classification or an E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
Starting on Jan. 30, 2023, USCIS will start accepting Form I-907 requests for:
• All initial E13 multinational executive and manager petitions and E21 NIW petitions
• All pending E13 multinational executive and manager petitions and E21 NIW petitions
USCIS will also expand premium processing to more petition categories to improve its operating efficiency and minimize burdens on the immigration system. In March 2023, USCIS will expand premium processing to certain F-1 students with a pending Form I-765, Application for Employment Authorization, Optional Practical Training (OPT), and F-1 students seeking STEM OPT extensions.
In April 2023, USCIS will expand premium processing to include F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. USCIS will announce the dates for each category above in February 2023.
Looking Ahead
USCIS may expand premium processing to more categories than those listed above. The agency is working on broadening premium processing to Form I-539, Application to Extend/Change Nonimmigrant Status. USCIS aims to offer premium processing for certain students and exchange visitors with pending Form I-539 applications in May 2023. It anticipates expanding premium processing to certain student and exchange visitors who are filing an initial Form I-539 application in June 2023. USCIS will announce at a later date when it is ready to implement the premium processing phases above.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)
