USCIS Adds New Categories for Premium Processing Eligibility

The USCIS will be expanding premium processing for select multinational executives as well as NIW applicant self-petitioners.

The USCIS announced today that they will be adding two new categories for premium processing based on existing petitions that have been filed with the agency. This announcement and addition of premium processing is meant to speed up the process for highly talented individuals seeking entrance to the United States via an immigrant visa, or a National Interest Waiver (NIW). The USCIS is also committed to making the employment based immigration system as efficient as possible, so it is perhaps good timing that the agency is adding new categories to the premium processing program.

These two categories include the following: An EB-1 multinational executive or manager, or EB-2 professional with an advanced degrees or exceptional ability seeking a national interest waiver (NIW). 

For reference, an EB-1 multinational manager is someone who manages a corporation, department, or sub-division within a company. The individual also has executive job functions such as hiring and terminating employees, and is able to exercise discretion over day-to-day operations in the company.[1]

The other category that is now eligible for premium processing is for NIW applicants. Remember that if you are filing for an NIW, you are a self-petitioner who is filing an I-140, therefore it is up to you to request premium processing. The USCIS has noted that in order to request premium processing, either an EB-1 executive or an EB-2 NIW applicant needs to file Form I-907, which can be found here: https://www.uscis.gov/i-907. For both of these new categories (EB-1 and EB-2), the filing fee is $2500.

Phased Expansion

Also keep in mind that eligibility for premium processing based on EB-1 and EB-2 requests are currently following a phased expansion approach. This means that beginning June 1st, we will accept Form I-907 requests for EB-1 multinational executive and manager petitions received on or before Jan. 1, 2021. Likewise, beginning July 1st, we will accept Form I-907 requests for EB-2 NIW petitions received on or before June 1, 2021. Make sure that if you have an existing I-140 petition with the USCIS and you are considering premium processing that you fall into the place with the above mentioned dates.

To see the full notice that has been posted by USCIS, please see the following link: https://www.uscis.gov/newsroom/alerts/uscis-to-implement-premium-processing-for-certain-previously-filed-eb-1-and-eb-2-form-i-140.

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H-1B Visa

H-1B Visa

H-1B visa is used by businesses and organizations in the United States to employ foreign nationals with the preferred qualifications, knowledge, and expertise in a role.

I-485 Adjustment of Status

I-485 Adjustment of Status

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National Interest Waiver (NIW)

National Interest Waiver (NIW)

An applicant must either hold an advanced degree or have an exceptional ability in their field that would substantially benefit the U.S. to be qualified.