PREMIUM PROCESSING WILL EXPAND TO INCLUDE INITIAL EB-1 AND EB-2 I-140 PETITIONS AND OPT/STEM OPT APPLICATIONS

Continuing its initiative to expand premium processing eligibility, on January 12, 2023, USCIS issued a news alert that its premium processing program will be expanded again to include initial I-140 petitions filed under the EB-1 and EB-2 categories, as well as applications for OPT and STEM OPT applications.

 EB-1 and EB-2 I-140 Petitions

 MU previously published blogs on the first phase, second phase, third phase of the initiative.

 Beginning Jan. 30, 2023, USCIS will accept Form I-907 requests 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.

USCIS has 45 days to issue an RFE, approval, or denial on cases that request premium processing for these newly included Form I-140 classifications. USCIS will reject any premium processing requests for the classifications above that are filed before the appropriate start date. 

OPT and STEM OPT Applications 

In March 2023, USCIS will accept Premium Processing upgrade requests for pending OPT and STEM OPT applications.

In April 2023, USCIS will accept Premium Processing requests for initial OPT and STEM OPT applications.

USCIS will announce the specific dates for each category in February 2023.

USCIS also anticipates expanding Premium Processing for certain student and exchange visitors who have filed Forms I-539 in May 2023 and June 2023; an announcement from USCIS on this expansion is forthcoming.

USCIS has 30 days to issue an RFE, approval, or denial on cases that request premium processing for Form I-765 and I-539 classifications.