USCIS to Implement Final Phases of Premium Processing Eligibility Expansion Beginning January 30, 2023

The US Citizenship and Immigration Services (USCIS) announced that it will continue to roll out and finalize its expansion of premium processing eligibility for certain petitions and applications throughout the first half of 2023. Beginning January 30, 2023, USCIS will accept Form I-907 requests for premium processing for all pending and initial EB-1C (E13) multinational executive and manager petitions and EB-2 (E21) national interest waiver petitions. Additional expansions will follow in the coming months.

Premium Processing Service Expansion

On January 12, 2023, USCIS announced the final phase of its premium processing service expansion, which will expand premium processing eligibility to all EB-1 and EB-2 Form I-140 petitions as of January 30, 2023. The January 30 expansion encompasses previously excluded multinational executive and manager immigrant visa petitions and national interest waiver immigrant visa petitions. As further detailed below, USCIS also expressed its intention to further expand premium processing eligibility over the first half of the year.

The January 12 announcement follows a string of similar announcements issued as part of a phased approach toward expanding premium processing that USCIS originally announced on March 29, 2022. The expansion of premium processing is among USCIS’s “trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system.” The trio also includes reducing the time it takes to process backlogs through new internal time-cycle goals and improving access to employment authorization documents through streamlined employment authorization document processing.

Process Details

Under USCIS’s premium processing expansion plan, petitions and applications submitted to USCIS with an accompanying Form I-907, Request for Premium Processing Service and its applicable fee will require USCIS to respond within 15–45 days, depending on the classification or category designated for premium processing.

The Form I-907 fee will range from $1,500 to $2,500, also depending on the classification or category designated for premium processing. The premium processing fee is separate from and in addition to the fee required by the underlying petition or application.

A petitioner or applicant may “upgrade” a previously submitted petition or application by submitting the Form I-907 and its applicable fee along with a copy of the original receipt notice documenting submission of the underlying petition or application. In this scenario, the 15–45-day response period would begin upon USCIS’s receipt of the Form I-907.

What Changes and When?

Beginning January 30, 2023, USCIS will accept Form I-907 requests for all pending and initial EB-1C (E13) multinational executive and manager petitions and EB-2 (E21) national interest waiver petitions. Upon receipt of the Form I-907 and requisite $2,500 fee, USCIS must respond within 45 days.

USCIS intends to make the following additional expansions in 2023, and will issue future announcements once details are finalized:

• In March 2023, USCIS will offer premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization. Upon receipt of the Form I-907, requisite $1,500 fee, and copy of the I-765 receipt notice, USCIS must respond within 45 days. USCIS will announce a specific implementation date in February.
• In April 2023, USCIS will offer premium processing for F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. Upon receipt of the initial Form I-765, Application for Employment Authorization along with the Form I-907 and requisite $1,500 fee, USCIS must respond within 30 days. USCIS will announce a specific implementation date in February.
• USCIS expects to offer premium processing for certain student and exchange visitors with pending Form I-539, Extension or Change of Status applications in May 2023, and for certain student and exchange visitors who are filing initial Form I-539 applications in June 2023. Upon receipt of the Form I-907, requisite $1,750 fee, and copy of the I-539 receipt notice, if applicable, USCIS must respond within 30 days.

For employers and individuals willing and able to shoulder the costs of premium processing, the announcement presents an opportunity to speed up processes that typically last months to years. In its original March 29, 2022, announcement, USCIS pledged to adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests.

Our team will continue to monitor further expansions to premium processing eligibility. We are prepared to assist with and evaluate eligibility for premium processing in the interim.