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Latest Update on Future Expansion for F-1 Students and the Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions

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Latest Update on Future Expansion for F-1 Students and the Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions
  • 01.16.2023

The last stage of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under EB-1 and EB-2 classifications, is being implemented by USCIS. This phase of the expansion is different from previous phases in that it applies to both new (initial) petitions and all previously submitted Form I-140 petitions for national interest waivers under the E13 multinational executive and manager classification or the E21 classification as a member of professions with advanced degrees or exceptional ability (NIW).

Petitioners must submit Form I-907, Request for Premium Processing Service, in order to get premium processing. Any ongoing E13 multinational executive and manager petitions and E21 NIW petitions, as well as all new E13 multinational executive and manager petitions and E21 NIW petitions, will be subject to Form I-907 requests starting on January 30, 2023.

As previously announced by USCIS, as part of USCIS’s efforts to improve efficiency and lessen the workload on the broader legal immigration system, USCIS is extending premium processing to new form types. As of March, the extend premium processing will be extended to some F-1 students who are waiting for their Form I-765, Application for Employment Authorization, and F-1 students who are waiting for their STEM OPT renewals.

USCIS will extend premium processing to F-1 students who are completing their first Form I-765 in April and to F-1 students who are seeking STEM OPT extensions. Specific dates for each group will be announced in February.

USCIS will keep working toward the availability of premium processing for Form I-539, Application to Extend/Change Nonimmigrant Status, as USCIS undertakes the extension of premium processing in a phased fashion.

We anticipate expanding premium processing for certain student and exchange visitors with pending Form I-539 applications in May and certain student and exchange visitors who are filing initial Form I-539 applications in June.

In May, extending premium processing to certain student and exchange visitors who have outstanding Form I-539 applications is anticipated. The same for certain student and exchange visitors who are submitting their first Form I-539 applications is planned for June.

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Onal Gallant & Partners PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice on a large variety of subjects ranging from forming a corporation and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant and Partners are ready to help and respond to all of your inquiries.

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