Understanding the Final Phase of USCIS Premium Processing Expansion

In January 2023, the U.S. Citizenship and Immigration Services (USCIS) launched the final phase of its Premium Processing expansion for certain I-140 petitions, including those for the EB-1C Multinational Executive or Manager category and the National Interest Waiver (NIW) category. This expansion has profound implications for foreign nationals seeking an NIW green card premium processing option, as well as those applying through other employment-based categories.

This article will delve into the details of the expansion, costs, benefits, and future phases in USCIS’s plans.

USCIS Premium Processing Expansion Overview

The USCIS Premium Processing program offers a valuable option for applicants who are willing to pay a fee in exchange for faster processing times. As of January 30, 2023, USCIS began accepting Form I-907 requests for expedited processing of both previously filed and new Form I-140 petitions in the EB-1C and NIW categories. This is a significant change, especially for NIW applicants, as premium processing was not previously available for them.

Key Points of the Final Phase of Premium Processing

1. Expansion for Form I-140 for EB-1C and NIW Petitions: The final phase specifically targets Form I-140 petitions for the EB-1C category for multinational executives and managers and NIW green card premium processing for those who qualify.
2. Effective Date: The expansion became effective on January 30, 2023, allowing eligible applicants to file Form I-907 to expedite their processing.
3. Eligibility for Previously Filed and New Petitions: Both new applicants and those with pending petitions can take advantage of premium processing by submitting Form I-907 along with the requisite premium processing fee.

Also Read: EB-2 EB-3 Visa: Trends & Predictions

Implementation of Form I-140 Petitions

This premium processing expansion is especially notable for EB-1C and NIW applicants. These categories traditionally lacked premium processing options, meaning applicants had to wait several months, sometimes even a year, for a decision. The USCIS’s implementation of premium processing now allows these applicants to reduce waiting times significantly, providing both convenience and potential strategic advantages in their career and life planning.

1. Inclusion of EB-1C and NIW Categories: Form I-140 for EB-1C and NIW petitions is now eligible for premium processing. This update enables foreign nationals in these categories to expedite the typically lengthy processing time for their applications.
2. Premium Processing Fee: The fee for premium processing for these petitions is set at $2,805. This non-refundable fee guarantees that USCIS will process the petition within 15 calendar days or issue a refund if the processing time exceeds the specified period.
3. Advantages for NIW Green Card Applicants: For NIW green card premium processing applicants, this update means faster adjudication, making it a game-changer for foreign nationals working in fields of national interest. This final phase of expansion is expected to benefit a large group of applicants in the EB-1C and NIW categories, providing them with an accelerated path toward obtaining permanent residency in the U.S.

Understanding these strategic advantages effectively could benefit from the insight of a knowledgeable immigration lawyer like Sweta Khandelwal.

Cost and Benefits of Premium Processing

Premium processing, though costly, comes with considerable benefits, particularly for applicants in a hurry to make a decision. For those aiming to secure an NIW green card premium processing option, the $2,805 fee may be worthwhile if it leads to faster processing times and less uncertainty.

1. Fee of $2,805: The premium processing fee is a substantial expense for many applicants, especially those without employer sponsorship. However, for applicants urgently seeking faster processing, this fee may be justified.
2. Guaranteed Expedited Processing: The primary advantage of premium processing is the guaranteed processing time, with USCIS committing to a 15-calendar-day response window. This guarantee offers peace of mind to applicants who need to plan for work, family, or other personal reasons.
3. Enhanced Flexibility for Foreign Nationals: With the availability of premium processing, foreign nationals seeking an NIW green card premium processing option gain more control over their timelines. This flexibility is especially important for individuals with career or business obligations who rely on a timely visa status update.

Also Read: Permanent Work Visas/Employment-based Green Cards

Expanded Premium Processing for F-1 Students

Apart from I-140 petitions, USCIS has also broadened premium processing eligibility to cover certain F-1 students. Specifically, this phase of expansion is set to include F-1 students who are seeking Optional Practical Training (OPT) or STEM OPT extensions.

1. Inclusion of OPT and STEM OPT Extensions: USCIS’s expansion plan includes F-1 students who are applying for initial OPT or extensions under STEM OPT. This allows students in STEM fields to expedite their work authorization process, which can be essential in securing timely employment.
2. Expected Timeline for Expansion: USCIS announced that premium processing for pending Form I-765 filings, relevant to F-1 OPT applicants. This further extends the benefits of expedited processing to a broader applicant pool.
3. Advantages for F-1 Students in STEM Fields: This aspect of premium processing expansion is particularly beneficial for students who wish to join the U.S. workforce promptly after graduation. The faster processing time can help them start their jobs sooner and avoid potential gaps in employment eligibility.

For students aiming to navigate these processes seamlessly, enlisting the guidance of an immigration expert like Sweta Khandelwal could be invaluable.

Conclusion

The expansion of USCIS premium processing to include Form I-140 petitions for EB-1C and NIW categories marks a significant advancement in immigration services for employment-based applicants. For individuals seeking an NIW green card premium processing option, this development offers a faster path to a green card and an improved sense of stability.

For many applicants, particularly those pursuing an NIW green card premium processing route, these updates enhance the speed, transparency, and accessibility of the application process. The final phase of the Premium Processing expansion reflects USCIS’s commitment to providing a more efficient immigration experience, and the phased approach to future expansions promises even broader access in the coming years. Applicants should stay informed about further announcements to fully leverage premium processing for their immigration journey.

If you are seeking guidance on the NIW green card premium processing option or other immigration services, The Law Offices of Sweta Khandelwal can provide the support you need. The firm is led by Sweta Khandelwal, a seasoned immigration attorney with over 18 years of experience. The firm specializes in business immigration, family immigration, visas, green cards, and citizenship matters.

Contact The Law Offices of Sweta Khandelwal today to get expert advice and comprehensive legal services that can help you navigate your immigration journey smoothly and efficiently.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.