United States: USCIS Expands Eligibility for Premium Processing Upgrades of Pending EB-1 Multinational Manager and EB-2 National Interest Waiver I-140 Petitions

This initiative is part of USCIS’s previously announced incremental expansion of premium processing to certain additional form types over a period of at least three years. USCIS first announced expansion of premium processing to certain pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions in May 2022. Then in July, the agency announced a modest expansion in the scope of pending petitions eligible for a premium processing upgrade in these two categories.

USCIS has 45 days to take action on pending I-140 petitions upgraded to premium processing in these two categories. However, the revised regulations provide that the processing clock will only begin to run upon the date USCIS receives “all prerequisites for adjudication” – meaning that the agency may not begin to count the 45-day processing timeframe until it determines that it has received all necessary documentation appropriate for the case type. Depending on the case type and its requirements, this means that petitioners could wait longer than the specified 45-day timeframe to see action on their cases. If a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is issued, a new 45-day period would begin once USCIS receives the petitioner’s response to the RFE or NOID.

The premium processing filing fee for these two categories of cases is currently $2,500. USCIS is authorized to adjust premium processing fees on a biannual basis, based on changes in the Consumer Price Index for all Urban Consumers (CPI-U).

Employers and foreign nationals should begin working with their Fragomen professional to identify pending cases in the affected case types for which premium processing is now available, and determine whether premium processing should be requested.

Over time, USCIS is expected to announce further expansions in the scope of pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions eligible for premium processing upgrades. In addition, subsequent phases of premium processing expansion are expected to include Forms I-539 and I-765 for certain F, M, and J nonimmigrants.

Fragomen is closely monitoring the implementation of premium processing expansion, and further client alerts will be issued as developments occur.