The U.S. Citizenship and Immigration Services (USCIS) started accepting requests for premium processing on January 30, 2023 for both newly filled and previously filled green card petitions for EB-1C multinational executive or manager classification and EB-2 NIW member of professions with advanced degrees or exceptional ability seeking a national interest waiver.
What is premium processing for EB-1C and EB-2NIW?
Premium processing means USCIS will review and issue a decision for certain petitions for nonimmigrant workers and certain petitions for immigrant worker known as green card through employment, following an expedited process.
More specifically, for Form I-129, Petition for Nonimmigrant Worker USCIS guarantees that it will make a decision within 15 calendar days. And for premium processing for Form I-140, Immigrant Petition for Alien Worker, USCIS guarantees that it will issue a decision within 45 calendar days.
In the case of premium processing for EB-1C and EB-2 NIW, USCIS processes and adjudicates the case in 45 days. The USCIS premium processing fee for EB-1C and EB-2 NIW petitions is $2,500.
To request premium processing you must file Form I-907 and pay a fee between $1,500 and $2,500. It should be noted that paying for premium processing does not improve your chances for a positive outcome.
EB-1C is a first preference permanent residency (green card) program for multinational executives or managers. To qualify for an EB-1C an individual must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or since the most recent work visa entry if already working for the U.S. employer which is to file the petition.
The petitioning U.S. employer must have been doing business for at least 1 year and have a qualifying relationship to the company that the EB-1C candidate worked for outside the US. Qualifying relationship in this context means subsidiary or affiliate. To learn more, visit our EB-1C page and investor visas page.
What is EB-2 NIW?
EB-2 NIW (National Interest Waiver) is an employment-based green card program that does not require a sponsoring employer if certain conditions are met.
To qualify for EB-2 NIW the candidate must hold an advanced degree (master’s or higher or equivalent) or must be able to show exceptional ability in the sciences, arts, or business. In order to waive the requirement for a sponsoring US employer and labor certification issued by the Department of Labor, the candidate must show that the proposed activity in the US is in the national interest of the country.
What is next for premium processing expansion?
In the near future, USCIS will be expanding premium processing to additional forms and petitions.
In March and April of 2023, USCIS will expand premium processing to F-1 international students seeking OPT (Optional Practical Training) after graduation in the U.S. and for F-1 international students seeking STEM OPT extensions. USCIS will announce more specific dates for F-1 students in February.
USCIS also plans to continue working toward premium processing availability of Form I-539, Application to Extend/Change Nonimmigrant Status for students and exchange visitors. Further announcement regarding the Form I-539, Application to Extend/Change Nonimmigrant Status are expected in May and June of 2023.
Contact our experienced business and immigration lawyers in Miami, Florida USA to learn more about the premium processing for EB-1C and EB-2NIW or schedule a consultation to evaluate your EB-1C or EB-2 NIW or discuss other suitable visa options for the US.
Malescu Law P.A. – Business & Immigration Lawyers