Premium processing by USCIS will include EB-1C, EB2 petitions

USCIS Step 1 previously announced Premium processing expansion program is scheduled to begin on June 1, 2022. Stage 1 will focus on I-140 petitions and will be rolled out in phases, with only long-pending cases eligible to transition to premium processing in the coming months.

Phase 1 of Stage 1 will begin on June 1, 2022 and will include pending I-140 petitions in the EB-1C Multinational Executive/Manager category that were filed with USCIS on or before January 1, 2021.

Phase 2 of Stage 1 will begin on July 1, 2022 and will include pending I-140 petitions in the EB-1C Multinational Executive/Manager category that were filed with USCIS on or before March 1, 2021 and I-140 petitions pending in the EB -2 National Interest Waiver (NIW) categories that were filed with USCIS on or before June 1, 2021.

Premium processing for I-140 petitions in both categories will have the standard government fee of $2,500. However, USCIS will have 45 calendar days to decide the case, instead of the traditional 15 days.

USCIS has not yet announced an official timeline for rolling out subsequent phases of Stage 1, such as premium processing upgrades for pending NIW cases filed after June 1, 2021 or applications for concurrent premium processing for new I-140 petitions in the EB-1C category. Updates will be posted on this blog as soon as they are announced.

Courtland C. Witherup contributed to this article.

Copyright © 2022, Hunter Andrews Kurth LLP. All rights reserved.National Law Review, Volume XII, Number 146

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