US | USCIS Implements Second Phase of Premium Processing for Certain Previously Filed I-140 Petitions

USCIS is beginning the second phase of the premium processing expansion for certain petitioners with a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

What to Expect
  • Similar to the first phase of the expansion, this phase only applies to certain previously filed Form I-140 petitions with an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
  • Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.
  • Beginning August 1, 2022, USCIS will accept Form I-907 requests for:
    • E13 multinational executive and manager petitions received on or before July 1, 2021; and
    • E21 NIW petitions received on or before August 1, 2021.

USCIS will reject premium processing requests for these Form I-140 classifications if the receipt date is after the above dates. USCIS has 45 days to take adjudicative action on cases requesting premium processing for these newly included Form I-140 classifications. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time.

On May 24, 2022, USCIS published a new version of Form I-907, dated 05/31/22. As of July 1, they no longer accept the older 09/30/20 edition of form I-907.

Erickson Insights

In March, USCIS announced it would expand premium processing to address the significant backlogs and extended processing times that resulted from the reduced capacity caused by the pandemic and limited resources during the Trump administration.

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.