February 1, 2023

Volume XIII, Number 32

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January 30, 2023

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USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications, Including New Petitions

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational executive and manager petitions and E21 (EB-2) National Interest Waiver (NIW) petitions. On January 12, 2023, USCIS announced that this move is part of “the final phase of the premium processing expansion for Form I-140” and applies to all previously filed and new Form I-140 petitions under these classifications.

USCIS announced in September 2022 that the expansion of premium processing to additional form types was a part of USCIS’s effort to increase efficiency. USCIS has indicated that the premium processing adjudication period for these specific categories will be forty-five days.

USCIS previously confirmed that premium processing would be expanded to certain F-1 students seeking Optional Practical Training (OPT) and F-1 STEM OPT extensions. In April 2023, USCIS will also expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765, Application for Employment Authorization. USCIS will announce these dates in February 2023.

USCIS also confirmed that the agency is implementing, through a “phased approach,” expanded premium processing availability for Form I-539, Application to Extend/Change Nonimmigrant Status, to be announced later in the year.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XIII, Number 23
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About this Author

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Ms. Koski partners with clients to create and implement strategic and innovative workforce immigration solutions. Based on their particular challenges and goals, she helps employers create effective immigration programs. Her work also involves counseling organizations of all sizes through workforce immigration changes, including corporate reorganization, ramping-up, and reductions in force. She engages companies throughout the United States and globally, ranging from managing immigration programs on behalf of legacy multinational enterprises to assisting with business...

303-764-6823
Samantha Wolfe Immigration Lawyer Ogletree Deakins Law Firm
Associate

Samantha concentrates in complex corporate immigration matters for companies of all sizes, including H 1B, H-2B, L-1, O-1, and TN nonimmigrant visas; PERM Labor Certifications and EB- 2/3 immigrant petitions; and EB-1 Extraordinary Ability/Multinational Manager immigrant petitions. Samantha also frequently participates in pro bono clinics. After undergrad, Samantha deferred law school for a year to teach English to high-school students in Spain. She is proficient in speaking and reading Spanish.

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Nancy Shalhub Attorney Immigration Law Ogletree Deakins Washington DC
Associate

Nancy Shalhub is an associate in the Washington, D.C. office, working on U.S. nonimmigrant and immigrant visa matters. Prior to joining Ogletree Deakins, Nancy practiced employment-based immigration law at a large corporate immigration firm where she managed a wide variety of case types for the firm’s largest client, including the client’s mergers and acquisitions. Nancy’s prior experience includes providing in-house strategic legal advice to technology and telecommunications companies and advising a variety of corporations on immigration policies, strategies, and best...

202-263-0175
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