On January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing its final phase of premium processing expansion for Form I-140, Immigration Petition for Alien Workers, under the EB-1 and EB-2 preference categories. This final phase applies to all 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). Petitioners who wish to request premium processing must file Form I-907, Request for Premium Processing Service.
USCIS will start accepting Form I-907 requests on January 30, 2023, 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 addition to this final phase, USCIS will start expanding premium processing to other form types this year. 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. 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. USCIS will announce specific dates for each group in February.
While USCIS implements the expansion of premium processing in a phased approach to these various groups, it will continue working toward premium processing availability of Form I-539, Application to Extend/Change Nonimmigrant Status. The agency 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. USCIS will make an announcement when it is ready to implement these future phases.
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