On July 15, 2022, USCIS announced a further expansion of premium processing, effective August 1, 2022, that will permit upgrade requests for premium processing to be submitted for EB-1C Multinational Executive and Manager Petitions received by the agency on or before July 1, 2021. USCIS further announced that it would accept Form I-907 upgrade requests for Form I-140 on behalf of EB-2 National Interest Waiver (NIW) Petitions received by USCIS on or before August 1, 2021.
On May 24, 2022, USCIS announced that effective June 1, 2022, it will begin accepting Form I-907 requests for Form I-140, Immigrant Petition for Alien Worker, on behalf of EB-1C Multinational Executive and Manager Petitions received on or before January 1, 2021. USCIS further announced that beginning July 1, 2022, it will accept Form I-907 requests for Form I-140 on behalf of EB-2 National Interest Waiver (NIW) Petitions received on or before June 1, 2021, as well as Forms I-140 filed on behalf of EB-1C Multinational Executive and Manager Petitions received on or before March 1, 2021.
Premium Processing Options as of April 2022
The former Immigration and Nationality Service first introduced Premium Processing in 2001 allowing certain filers to request 15-day processing of their application if they pay a premium processing fee. This nonwaivable fee has been adjusted over the years from $1,000 to $1,225 and, prior to the Emergency Stopgap USCIS Stabilization Act, DHS last adjusted the fee to $1,440 in 2019. This final rule codifies the fee increases that went into effect on August 1, 2020, and lists the additional visa categories that will become eligible for premium processing. The following table shows benefit categories for which premium processing is fully available and the required processing time frame.
| 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 the 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 | $2500 | 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 | $2500 | 15 days |
| Form I-129 | R-1 and H-2B | $1500 | 15 days |
Additions to Premium Processing
Under the final rule, a 45-day premium processing time frame is available for certain petitions requesting EB-1 immigrant classification as a multinational executive or manager (hereinafter “EB-1C”) as well as certain petitions requesting EB-2 immigrant classification and seeking a National Interest Waiver (hereinafter “EB-2 NIW”). In future expansions of premium processing, a 30-day premium processing timeframe will become available to certain Forms I-539 (see the detailed table below) and Form I-765.
| Form Number | Description of Eligible Applications | Fee | Time Frame |
| Form I-140 Certain Upgrades Only |
EB-1 – Multinational Executive or Manager (EB-1C) filed on or before July 1, 2021 EB-2 – Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver (EB-2 NIW) filed on or before August 1, 2021 |
$2,500 | 45 days |
| Form I-539 Proposed Expansion |
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 Proposed Expansion | Request for Employment Authorization | $1,500 | 30 days |
