U.S. Citizenship and Immigration Services (USCIS) announced on January 12, 2022, that it is finally implementing a long-awaited phase of the expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

When will Premium Process be available?

The current expansion will take effect on January 30, 2023 and allows petitioners to request premium processing for:

• All pending and new I-140 petitions for multinational managers and executives (INA 203(b)(1)(C)) and
• All pending and new I-140 petitions in the second preference where a National Interest Waiver is sought (INA 203(b)(2)(B)). This expansion was specifically mandated by Congress. 

Please note that USCIS may set a timeframe of up to 45 days for these specific petitions with the standard fee of $2500.

The next phase of the expansion is planned for March 2023 and would include pending applications for Employment Authorization Documents (EAD) for F-1 students seeking OPT and STEM OPT. In April 2023, it would be expanded to new initial F-1 OPT and STEM OPT applications. USCIS is authorized to charge a fee of no more than $1,500 for premium processing of EAD applications and set a period of up to 30 days. USCIS will announce specific dates for each group in February.

In May 2023, USCIS anticipates expanding premium processing for certain student and exchange visitors with pending Form I-539 applications and certain student and exchange visitors who are filing initial Form I-539 applications in June 2023. The type of I-539 applications include change of status to F, M, and J non-immigrant visas and change to or extension of status of dependents of E, H, L, O, P and R non-immigrant visas. USCIS is authorized to charge a fee of up to $1,750 and a period of up to 30 days to premium process these I-539 applications. 

Petitioners and applicants who wish to request premium processing must file Form I-907, Request for Premium Processing Service.