USCIS Implements Third Phase of Premium Processing for Certain EB-1 & EB-2 I-140 Petitions

September 22, 2022

On September 15, 2022, USCIS announced that it was launching the third phase of premium processing expansions for certain petitioners who currently have a pending Form I-140, Immigrant Petition for Alien Workers under the EB-1 or EB-2 classifications. Like the first and second phase of premium processing expansions, this effort is intended to reduce the burden on the greater legal immigration system, as well as increase efficiency within USCIS.

Although many petitioners will be able to take advantage of this third wave of premium processing, it is important to note that not all pending EB-1 or EB-2 petitions will qualify. As was the case with the first and second phase, the third phase of premium processing only applies to EB-1 and EB-2 petitions filed under either the E13 multinational executive and manager classification, or the E21 member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) classification. Furthermore, in order to qualify, USCIS must have received the E13 classification petition on or before January 1, 2022, and the E21 classification petition on or before February 1, 2022. USCIS has made it clear that these qualifying parameters are firm and will reject any requests for premium processing for EB-1 or EB-2 petitions that are not in the E13 or E21 classifications or if the receipt date is after the aforementioned dates.

If a petitioner qualifies for this expanse in premium processing and files the Form I-907, Request for Premium Processing Service, USCIS has 45 days to issue a decision on the petition. In order to prioritize the qualifying third phase petitions, USCIS will not accept requests for premium processing for any new (initial) I-140 petitions.

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TAGS: I-140, Premium Processing, USCIS