Expansion of Premium Processing for Form I-140 - Final Phase Implementation

USCIS is about to implement the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers. This expansion will apply to petitions under the EB-1 and EB-2 classifications, including new (initial) petitions, as well as all previously filed Form I-140 petitions under the EB-1C and EB-2 NIW I-140 petitions.

Petitioners who wish to take advantage of the premium processing service will need to file Form I-907, Request for Premium Processing Service. Starting January 30, 2023, USCIS will begin accepting Form I-907 requests for all pending EB-1C and EB-2 NIW I-140 petitions, as well as all initial EB-1C and EB-2 NIW I-140 petitions.

This expansion is part of USCIS's efforts to increase efficiency. In March 2023, premium processing will be expanded to certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization. In April, premium processing will be expanded to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. Specific dates for these groups will be announced in February.

Additionally, USCIS plans to expand premium processing for certain students and exchange visitors with pending Form I-539 applications in May and certain students and exchange visitors who are filing initial Form I-539 applications in June. They will make an announcement when they are ready to implement these phases.

USCIS will adhere to the legislative requirement that the expansion of premium processing does not result in an increase in processing times for petitions not designated for premium processing, or an increase in processing times for regular processing cases.