Premium Processing Expansion for EB-1 and EB-2 I-140 Petitions

Premium Processing expansion of the following types of I-140 petitions will be available as of January 30, 2023:

• All pending EB1 multinational executive and manager petitions, and EB2 National Interest Waiver (NIW) petitions; and,
• All initial EB1 multinational executive and manager petitions, and EB2 NIW petitions.

F-1, J-1, OPT and STEM OPT

USCIS also plans premium processing to additional form types, including certain F-1, J-1 and OPT applications.

• In March 2023, USCIS will allow premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Application for Employment Authorization (EAD).
• In April, USCIS will accept premium processing for F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765 (EAD).
• USCIS will announce specific dates for each group in February 2023.

Certain I-539 Applications

The Service will also continue working toward premium processing expansion of Form I-539, Application to Extend/Change Nonimmigrant Status. USCIS plans to allow premium processing expansion for certain student and exchange visitors with pending Form I-539 applications in May 2023, and certain student and exchange visitors filing initial Form I-539 applications in June 2023. At a later time, the Service will announce availability of these services.

In implementing and executing the above, USCIS says that they will adhere to the legislative requirement that expansion of premium processing not result in increased processing times for non-premium benefits.

Backlog Reduction and Improving Processing Times

This is part of USCIS effort to increase efficiency and reduce burdens to the overall legal immigration system. The Service will set new agency-wide backlog reduction goals, expand premium processing to additional case types, and improve timely access to employment authorization documents. The COVID-19 pandemic and resource constraints resulting from the prior administration has burdened the Service with significant backlogs and increased processing times. For further information on USCIS efforts to reduce backlogs and improve processing times, click here.