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Premium processing is now available for all EB1C and EB2 NIW applicants

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Premium processing updates that have long been awaited are finally here. USCIS is now opening the premium processing window for all EB1C multinational manager & executive and EB2 NIW applicants.

In summary, the change will look like this:

  • The window for filing premium processing requests for all new and pending EB1C and EB2 NIW cases opens on January 30, 2023.
  • This change allows for premium processing for new petitions and already pending petitions.
  • After the petition is filed, USCIS will have 45 days to take action on the case. The 45-day clock will start only once USCIS feels it has a complete application. This means the 45-day clock may be delayed if the agency feels it has not received all the prerequisites to adjudicate the case. If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), they will have another 45 days to take action after receiving the RFE or NOID response.
  • The fee for Premium Processing will stay at $2500 for now.

This is the final change to take effect in expanding premium processing for the EB-1C & EB-2 NIW categories. Prior to this change, new EB1C and EB2 NIW applicants could not file for premium processing. Allowing all applicants to apply for premium processing is a welcome change given that normal processing times for these petitions are several months, and sometimes in excess of a year.

Looking Ahead

In 2023, USCIS plans to expand the premium processing service to additional categories, such as F-1 students applying for OPT and STEM OPT work authorization using Form I-765. Additional information on that change should be released in February 2023. USCIS also plans to eventually add premium processing for certain I-539 petitions to extend or change status and will send further announcements as additional changes are made.

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