Expansion of Premium Processing Services

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On May 24, 2022, as part of a broader push to reduce backlogs, increase efficiency and speed up decisions on certain previously filed immigrant petitions, the United States Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to additional categories of Form I-140, Form I-539 and Form I-765 immigrant petitions. For more information on this announcement, please read on, then contact an immigration lawyer skilled in work visas today.

What employees are now eligible for premium processing and when?

Those who are now eligible for premium processing are as follows:

Form I-140:

  • EB-1 – Multinational Executive or Manager (EB-1C)
  • EB-2 – Members of Professions with Advanced Degrees or Exceptional Ability Seeking a National Interest Waiver (EB-2 NIW)

Those who qualify will have to pay a processing fee of $2,500 and wait no longer than 45 calendar days.

Form I-539:

  • Change of Status Request to:
    • F-1
    • F-2
    • J-1
    • J-2
    • M-1
    • M-2
  • Change of Status to or Extension of Stay in:
    • E-1
    • E-2
    • E-3
    • H-4
    • L-2
    • O-3
    • P-4
    • R-2

Those who qualify will have to pay a processing fee of $1,750 and wait no more than 30 calendar days.

Form I-765:

  • Request for Employment Authorization

Those who qualify will have to pay a processing fee of $1,500 and wait no longer than 30 calendar days.

Please note that, per USCIS’ announcement, new I-140, I-539 and I-765 petitions can’t be premium processed at this time.

What are the benefits of filing a premium processing request?

Once the premium request is received, USCIS must adjudicate the case or issue a Request for Evidence within 30 or 45 calendar days, depending upon the category. If USCIS fails to act within that timeframe, a petitioner may request a refund of the processing fee and continue with the expedited processing services. Keep in mind that the 30 or 45 calendar days may not begin until all case documentation has been received and/or information from any required interviews, biometrics or background checks have been completed.

If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), a new 30- or 45-day period will begin once USCIS receives the petitioner’s response to either the RFE or NOID.

If you have questions about these or any other immigration-related matters, please reach out to an immigration lawyer skilled in employment immigration today.

Contact our experienced firm

The award-winning Lightman Law Firm, founded by Douglas Lightman, has extensive experience in immigration law and international matters through both work and personal experience. With offices in Fairfax, VA, New York, New York and Jersey City, NJ, our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Lightman Law Firm and schedule your initial consultation today.

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