USCIS Expands Premium Processing Services

Currently USCIS offers Premium Processing Service options for the following processes:

Form Number

Applications Currently Eligible for Premium Processing

Fee

Time Frame

Form I-140

EB-1 Alien of Extraordinary ability (EB-1A), EB-1 Outstanding professors and researchers (EB-1B), EB-2, Members of profession with advanced degrees or exceptional ability not seeking NIW, EB-3 Skilled Workers, EB-3 Professionals, EB-3 Workers other than skilled workers and professionals

$2,500

15 Days

Form I-129

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, Q-1, TN-1, TN-2

$2,500

15 Days

Form I-129

R-1 and H-2B

$1,500

15 Days

USCIS has proposed to expand the Premium Processing Service to more types of applications. However, DHS notes that this expansion will be implemented in phases. The proposed applications covered in the expansion are as follows:

Form Number

Applications Covered Under the Expansion

Fee

Time Frame

Form I-140

EB-1 – Multinational Executive or Manager (EB-1C) EB-2 – Members of Professions with Advanced Degrees or Exceptional Ability Seeking a National Interest Waiver (EB-2 NIW)

$2,500

45 days

Form I-539

Change of Status Request to: F-1, F-2, J-1, J-2, M-1, or M-2 Change of Status to or Extension of Stay in: E-1, E-2, E-3, H-4, L-2, O-3, P-4, or R-2

$1,750

30 days

Form I-765

Request for Employment Authorization

$1,500

30 days

The first phase of the implementation will cover the I-140 visa classifications listed above and Form I-539 application types F–1, F–2, J–1, J–2, M–1 and M–2 applicants in FY 2022. By FY2025 DHS plans on having forms E–1, E–2, E–3, L–2, H–4, O–3, P–4 and R–2 applicants covered under Premium Processing. Thus, DHS has indicated it will prioritize premium processing for students applying for Optional Practical Training (OPT) and Exchange Visitors beginning in FY 2022, while others who require an Employment Authorization Document may have to wait until FY 2025 so that USCIS has sufficient time to gather revenue to cover potential costs without adversely affecting the processing time for other benefits.

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This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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Categories: Immigration News