USCIS Premium Processing News Flash

USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

May 24, 2022

USCIS announced that it will implement Premium Processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of Premium Processing only applies to certain previously filed Form I-140 petitions under an EB-1(3) Multinational Executive and Manager classification or an EB-2(1) classification as a member of professions with advanced degrees or exceptional ability seeking a National Interest Waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion will occur in phases:

  • Beginning June 1, 2022, USCIS will accept Premium Processing requests for EB-1(3) Multinational Executive and Manager petitions received on or before Jan. 1, 2021.

  • Beginning July 1, 2022, USCIS will accept Premium Processing requests for EB-2(1) NIW petitions received on or before June 1, 2021, and EB-1(3) Multinational Executive and Manager petitions received on or before March 1, 2021.


USCIS will reject Premium Processing requests for these classifications that are filed before their start date of June 1, 2022, or July 1, 2022. USCIS will not accept new (initial) Forms I-140 with a Premium Processing request at this time.

On May 23, 2022, USCIS published a new version of Form I-907, Request for Premium Processing Service, dated 05/31/22. For the month of June, USCIS will accept both the 09/30/20 and the 05/31/22 editions of Form I-907. Starting July 1, USCIS will reject the older 09/30/20 edition of Form I-907.


USCIS Expands Premium Processing Service to E-3 Petitioners

February 24, 2021

Starting Feb. 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 classification applies only to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation.

An Australian national who is outside the United States may apply for an E-3 nonimmigrant visa directly through the Department of State or, in the case of an individual already in the U.S., by filing Form I-129 with USCIS. To qualify for the E-3 classification, you must demonstrate, among other things, that you:

  • Are a national of Australia;

  • Have a legitimate offer of employment in the United States;

  • Possess the necessary academic or other qualifying credentials; and

  • Will fill a position that qualifies as a specialty occupation.


The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days. (See more info below)


USCIS Premium Processing (Faster for a Fee)

October 2020

There is a major change to USCIS Premium Processing! USCIS increased the Premium Processing fee as of October 19, 2020. The Premium Processing fee increased from $1,440 to $2,500 for all eligible categories except H-2B and R-1, which increased from $1,440 to $1,500.


USCIS created Premium Processing as an option to expedite processing for certain petitions. By paying the additional $2,500 Premium Processing fee to USCIS, you are guaranteed a response to your case within 15 days of filing, or USCIS will refund the Premium Processing fee and will continue processing your case in the regular processing queue. Additionally, in the event of a Request for Evidence (RFE) from USCIS, the request can be made and responded to by mail and/or fax, and the 15-day adjudication window still applies, which significantly shortens the overall processing time of an eligible petition.


You can file a new case with a request (and the fee) for Premium Processing, or you can submit a request (and the fee) to convert or “upgrade” a case for which you have received a receipt notice from the regular processing queue to the Premium Processing queue. If you upgrade an existing case to Premium Processing, you can expect to receive a response within 15 days of USCIS receiving the upgrade request.


Premium Processing is available in the following nonimmigrant categories:


  • E-1 Treaty Trader

  • E-2 Treaty Investor

  • E-3 Specialty Occupation Workers from Australia

  • H-1B Temporary Workers in Specialty Occupations

  • H-2A Agricultural Worker

  • H-3 Trainee

  • L-1 Intra-company Transferees

  • O-1 and O-2 Aliens of Extraordinary Ability or Achievement

  • P-1, P-2 and P-3 Athletes and Entertainers

  • Q-1 International Cultural Exchange Aliens

  • R-1 Temporary Workers in Religious Occupations

  • TN NAFTA Professionals


Starting on June 29, 2009, USCIS also began accepting Premium Processing requests for most Immigrant Petition (I-140) categories:


  • First employment-based preference category (EB-1): I-140 Petitions are eligible for Premium Processing except Multinational Managers and Executives.

  • Second employment-based preference category (EB-2): I-140 Petitions are eligible for Premium Processing except National Interest Waivers.

  • Third employment-based preference category (EB-3): All I-140 Petitions are eligible for Premium Processing.

Interested in utilizing the USCIS Premium Processing service? Contact us here at Savitz Law today, we can help you file or upgrade your case.