News & Insights

USCIS Expands Premium Processing For Certain EB-1c and EB-2 NIW Applications

Our readers will be aware that back in April USCIS announced that they would expand premium processing to applications that do not currently qualify.  This expansion will be applied in a phased approach as follows:

  • As of June 1, 2022, USCIS will allow premium processing of EB-1C applications for managers/executives. This applies to applications received on or before January 1, 2021.  This means if your application was filed after Jan 21, 2021, it is not yet eligible for premium processing.
  • According to USCIS all new I-140s filed with a request for premium processing will be rejected.
  • As of July 1, 2022, USCIS will allow premium processing of EB-1c applications for managers and executives received on or before March 1, 2021.
  • As of July 1, 2022, USCIS will allow premium processing of EB-2 NIW applications received on or before June 1, 2021.

USCIS states that it will continue working towards premium processing for additional I-140, I-539 and I-765 applications in fiscal year 2022. USCIS will also adhere to the congressional requirement that the expansion of premium processing will not result in increased processing times for applications filed under regulation processing.

The current fee for premium processing is $2,500.

For EB-1C and EB-2 NIW USCIS has 45 days (nor the usual 15 days) to either issue a Request for Further Evidence (RFE) /Notice of intent to Deny (NOID) or issue a decision.

If USCIS issues an RFE or NOID, the 45-day clock will restart once the RFE/NOID is responded to.  This is because the premium processing clock does not start until USCIS has received all necessary documentation for adjudication.

If you have questions regarding the above please reach out to PLG Partner Chris Prescott at cprescott@patellegal.com.

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