U.S. Citizenship and Immigration Services (USCIS) began expanding premium processing in 2022 for certain petitioners with a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Premium processing allows immigration applicants to have their applications reviewed more quickly by paying an extra fee to expedite their applications. Prior to the pandemic, USCIS was already experiencing long wait times and backlogs.
USCIS announced new measures to expand employment-based green card premium processing and reduce visa backlogs and wait times. The expansion took place in several phases throughout 2022 and 2023.
On Aug. 1, 2022, USCIS implemented the second phase of premium processing. This phase applied to certain previously filed Form I-140 petitions under an EB-1 multinational executive and manager classification or EB-2 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
Starting Aug. 1, 2022, USCIS accepted Form I-907 requests for:
USCIS rejected premium processing requests for these specific Form I-140 classifications if the receipt date was after the above dates.
Starting Sept. 15, 2022, Phase 3 of the USCIS I-140 Premium Processing expansion applied to certain petitioners who had a pending Form I-140 under the EB-1 and EB-2 classifications.
Petitioners who wished to request a premium processing upgrade were required to file Form I-907.
Phase 3 applied to:
USCIS had 45 days to take action on cases that requested premium processing for these newly included Form I-140 classifications.
On Jan. 12, 2023, USCIS announced the start of the fourth and final phase of premium processing expansion for EB-1 and EB-2 Form I-140 petitions.
According to the USCIS announcement:
“this phase applies to new (initial) petitions, in addition to all previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).”
Beginning Jan. 30, 2023, USCIS accepted Form I-907 requests for:
Phase 1 of the new premium processing rules went into effect on May 31, 2022. The later phases expanded eligibility for certain EB-1 and EB-2 Form I-140 petitions, allowing more applicants to request expedited processing.
E-B1 priority applicants are people with extraordinary abilities in the fields of science, arts, education, business, or athletics. These are people with nationally or internationally recognized abilities and, for that reason, may petition for immigration on their own. This can be done without a job offer from an employer. The priority group includes “Outstanding” professors, researchers, and multinational managers and executives.
E-B2 visa category applicants are those with advanced degrees or exceptional ability in business, arts, or sciences.
The attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to achieving the American Dream. If you need help with an immigration issue, please contact our office.
AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area, including DuPage, Cook, Kane, Will and Lake Counties.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
