May 26, 2022

Premium Processing Update for Certain Pending EB-1C and EB-2 NIW Applications

The USCIS recently announced the first phase of its expansion of premium processing for some types of applications.  Specifically, 45-day day guaranteed premium processing is now available for I-140 petitions based upon EB-2 NIW and EB-1C Multinational Executives and Managers as follows:

 

  • Starting June 1, 2022, I-907 premium processing requests will be accepted for EB-1C petitions that were filed on or before January 1, 2021.
  • Starting July 1, 2022, I-907 premium processing requests will be accepted for EB-1C petitions that were filed one or before March 1, 2021.
  • Starting June 1, 2022, I-907 premium processing requests will be accepted for EB-2 NIW petitions that were filed on or before January 1, 2021.

 

A new version of the I-907 premium processing form was published, which was dated 5/31/2022.  Starting July 1, 2022, the USCIS will only accept this most recent version of the I-907 form.  The premium processing fee for I-140 petitions is $2500.

 

As with all premium processing requests, a Request for Further Evidence (RFE) or Notice of Intent to Deny (NOID) will stop the premium processing timeframe. Upon receipt of the requested evidence, the timeframe will start over. Premium processing guarantees that if the USCIS does not decide the case within the required timeframe, it will refund the premium processing fee, but will continue processing the case.  However, if the USCIS opens a fraud or misrepresentation investigation on a case, it will not refund the premium processing fee and will not decide the petition within the premium processing time frame.

 

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033 or complete our contact form.