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USCIS Premium Processing News Flash

Premium Processing Eligible Categories and New Premium Processing Fees

January 22, 2024

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What cases are eligible for Premium Processing?

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Premium Processing is available for the following case types:

  • Petitions for nonimmigrant workers in the following categories: E-1, E-2, E-3, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1, and TN-2

  • Applications to extend/change nonimmigrant status in the following categories: F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2

  • Applications for certain F-1 students’ Employment Authorization Documents (EAD) in the following categories: Pre- or Post-completion Optional Practical Training (OPT), and STEM OPT 24-Month Extension

  • Petitions for immigrant workers in the following Employment-Based (EB) categories: Extraordinary Ability, Outstanding Researchers or Professors, Multinational Managers or Executives, Advanced Degree Workers, National Interest Waivers, and Professional Workers

 

How much will Premium Processing cost?

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The following fees are effective as of February 26, 2024:

  • H-2B or R-1: $1,685

  • E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, or TN-2: $2,805

  • F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, or R-2: $1,965

  • F-1 EAD: $1,685

  • Employment-Based Immigrants: $2,805

 

How long will it take to process Premium Processing applications?

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USCIS guarantees to take adjudicative action on the case within the time periods described below, or USCIS will refund the Premium Processing fee:

  • 15 business days for nonimmigrant categories

  • 30 business days for F-1 EAD categories

  • 30 business days for applications to extend/change nonimmigrant status for students and nonimmigrant dependents

  • 45 business days for Employment-Based Immigrants

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USCIS Expands Premium Processing for Applicants Seeking to Change into F, M, or J Nonimmigrant Status

June 12, 2023

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USCIS announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.

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The premium processing expansion for certain Form I-539 applicants will occur in phases, and nonimmigrants requesting premium processing should not file before these dates:

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  • Beginning June 13, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
     

  • Beginning June 26, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

 

This phase of premium processing service is only available for change of status requests. Premium processing is not available for individuals seeking an extension of stay in M-1 or M-2 status.

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USCIS will reject premium processing requests for a pending Form I-539 if received before June 13. USCIS will reject premium processing requests when filed together with a Form I-539 if USCIS receives the request before June 26.

 

Applicants must submit their biometrics before premium processing can begin for these specific categories. Even if USCIS accepts an applicant’s Form I-907 and accompanying fees, the time limit for premium processing will not start running until the applicant and all co-applicants included on the Form I-539 submit their biometrics. Please note, USCIS may reject an applicant’s Form I-907 and/or Form I-539 if submitted with another benefit request, including multiple Forms I-907 requests filed together.

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As previously announced, the expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens to the overall immigration system. USCIS is expanding premium processing in a phased approach to ensure compliance with the with the Emergency Stopgap USCIS Stabilization Act, which prohibits the expansion of premium processing if it will increase processing times for the immigration benefit requests.

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USCIS Announces the Expansion of Premium Processing for Certain F-1 Students Seeking OPT or STEM OPT Extensions

March 6, 2023

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USCIS announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade.

 

Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates:

 

  • Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories: 

    • (c)(3)(A) – Pre-Completion OPT; 

    • (c)(3)(B) – Post-Completion OPT; and 

    • (c)(3)(C) – 24-Month Extension of OPT for STEM students.

 

  • Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765. 

 

USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3.

 

As previously announced, the expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens to the overall immigration system, and is being  implemented in a phased approach.  

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Implementation of the Final Phase of the Premium Processing Expansion for Form I-140 Petitions Under the EB-1 and EB-2 Classifications

January 13, 2023

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USCIS announced that it is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

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Unlike previous phases of the expansion, 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).

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Beginning Jan. 30, 2023, USCIS will accept Form I-907 requests for:

  • All pending E13 multinational executive and manager petitions and E21 NIW petitions; and

  • All initial E13 multinational executive and manager petitions and E21 NIW petitions.

 

In March, USCIS will expand premium processing to 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.

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In April, USCIS will expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765.

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USCIS will continue working toward premium processing availability of Form I-539, Application to Extend/Change Nonimmigrant Status. USCIS anticipates expanding premium processing for certain student and exchange visitors with pending Form I-539 applications in May and certain student and exchange visitors who are filing initial Form I-539 applications in June.

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

September 15, 2022

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USCIS announced that it is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.  Similar to the first phase and second phase of the expansion, this phase only applies to certain 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).

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Beginning Sept. 15, 2022, USCIS will accept Form I-907 requests for:

  • E13 multinational executive and manager petitions received on or before Jan. 1, 2022; and

  • E21 NIW petitions received on or before Feb. 1, 2022.

 

USCIS will reject premium processing requests for these Form I-140 classifications if the receipt date is after these dates. USCIS has 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time.

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

July 15, 2022

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USCIS announced that it will implement the second phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Similar to the first phase of the expansion (see below), this phase only applies to certain 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). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

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Beginning Aug. 1, 2022, USCIS will accept Form I-907 requests for:

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  • EB-1(3) Multinational Executive and Manager petitions received on or before July 1, 2021.

  • EB-2(1) NIW petitions received on or before Aug. 1, 2021.

 

USCIS will reject premium processing requests for these Form I-140 classifications if the receipt date is after the dates listed above. USCIS has 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time.

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

May 24, 2022

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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.

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The expansion will occur in phases:

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  • 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.

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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.

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USCIS Expands Premium Processing Service to E-3 Petitioners

February 24, 2021

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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.

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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:

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  • 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)

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USCIS Premium Processing (Faster for a Fee)

October 2020

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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.

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Interested in utilizing the USCIS Premium Processing service? Have any questions on any of the above Premium Processing service news? Contact us here at Savitz Law Offices today, we can help you file or upgrade your case and answer any questions you may have.

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