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USCIS Adds Premium Processing Service for Forms I-765, I-539, and I-140

by Jennifer Grady, Esq.


Major news for those seeking faster processing times to obtain their Employment Authorization Document (EAD), Green Card petition based on employment, and application to change or extend status! USCIS will roll out new phases of premium processing expansion throughout FY 2022 as part of a collective effort to reduce backlogs and streamline the immigration petition process.


Currently, premium processing is only available for Form I-129, Petition for Nonimmigrant Worker, and for certain petitioners of Form I-140, Immigrant Petition for Alien Worker. The new announcement expands the categories to include Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. The actual implementation date will be determined in phases for the different forms over the next few years.


To kick off the process, USCIS plans to expand the premium processing eligibility to all Form I-140 applicants, including those applying for EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. A start date is to be determined, and will become available as USCIS continues to develop procedures to streamline the premium processing service.


WHAT IS PREMIUM PROCESSING?


For a fee of $1,500-$2,500, depending on the visa type, applicants can request faster processing for Form I-129 and some Form I-140 petitions, meaning the USCIS will provide a verdict within 15 calendar days of submission.


After review of the case, USCIS will make a determination, which includes one of the following outcomes:

  • Approve the case,

  • Deny the case,

  • Issue a notice of intent to deny (NOID),

  • Issue a request for evidence (RFE), or

  • Open an investigation.


WHAT’S NEXT?


There are multiple moving pieces to developing a process that can handle the influx of petitions anticipated with the expansion of premium processing eligibility, so USCIS will announce the acceptance of different forms in phases between FY 2022-2025. Thanks to a congressional requirement that prohibits an increase in processing times due to the expansion of premium processing service, the turnaround on verdicts will likely remain timely.


Please review the chart below for a breakdown of the anticipated timeframes and cost of the new premium processing services:

The Grady Firm will continue to share updates as new phases are announced by USCIS.


WANT TO LEARN MORE?


Are you interested in learning more about premium processing? Schedule a call with us to determine whether you are eligible and to begin the planning process. Please contact our office at info@gradyfirm.com, or call us at (949) 798-6298.

The Grady Firm works with dynamic employers and employees across the country to prepare successful employment-based visa and Green Card applications. In addition, we help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas (B-1/B2, H-1B, H-2B, L-1A, L-1B, O-1, TN, E-2, E-3), as well and Green Cards and citizenship based on family relationships, investment, or employment.


Click here to schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (949) 798-6298; or fill out a Contact Request Form.


This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.