On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to two additional categories of Form I-140 immigrant petitions. This is part of a broader push by USCIS to reduce backlogs, increase efficiency, and speed up decisions on certain previously filed Form I-140 immigrant petitions.

What employees are eligible for premium processing and when?

Beginning June 1, 2022, USCIS will accept premium-processing requests for:

• E13 multinational executive and manager immigrant petitions filed with USCIS on or before Jan. 1, 2021.

Beginning July 1, 2022, USCIS will accept premium-processing requests for:

• E21 National Interest Waiver immigrant petitions received on or before June 1, 2021; and
• E13 multinational executive and manager immigrant petitions received on or before March 1, 2021.

Unfortunately, USCIS’ announcement states that new I-140 petitions cannot be premium processed at this time.

What are the advantages of filing a premium-processing request?

Once the premium request is received, USCIS must adjudicate the case or issue a Request for Evidence within 45 calendar days. If USCIS fails to act within that timeframe, a petitioner may request a refund of the processing fee and continue with the expedited processing service.

Per revised regulations, USCIS deems the 45-day period to start when “all prerequisites for adjudication” are received. Thus, USCIS may not begin the expedited process if all case documentation has not been received and/or information from any required interviews, biometrics, or background checks have not been completed.

If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), a new 45-day period will begin once USCIS receives the petitioner’s response to either the RFE or NOID.

What is the cost of premium processing?

At this time, the filing fee for premium processing is $2,500. However, USCIS may change the filing on a biannual basis.

For any questions regarding premium processing for pending E13 multinational executive and manager and E21 National Interest Waiver immigrant petitions, please contact any one of our immigration attorneys.