The Department of Homeland Security (DHS) announced that US Citizenship & Immigration Services (USCIS) will accept premium processing requests on a rolling basis for certain immigrant petitions (Form I-140) for multinational executives/managers and for members of professions with advanced degrees or exceptional ability seeking a national interest waiver. Immigrant petitions (Form I-140) are filed by employers sponsoring employees and individuals for US permanent residency (the US green card).  This is the first implementation phase of the  previously announced premium processing expansion.

Employers will be able to request premium processing (expedited adjudication based on a government filing fee) in a staggered approach for the newly-included categories, but note that this benefit applies only to cases filed on or before a specific date in 2021.

Premium Processing May Be Requested Beginning On: Case Type Filed On or Before
June 1, 2022 EB-1C Multinational Managers/Executives January 1, 2021
July 1, 2022 EB-1C Multinational Managers/Executives March 1, 2021
July 1, 2022 EB-2 National Interest Waivers June 1, 2021


USCIS will have up to 45 days to adjudicate the above EB-1C and EB-2 categories that qualify for premium processing. This differs from the 15 days the agency currently commits to when adjudicating certain other premium processing requests for Form I-140 petitions based upon a test of the labor market.

As part of this implementation, the agency published a new version of the Form I-907, Request for Premium Processing. For the month of June 2022, DHS will accept both the current 09/30/20 and the new 05/31/22 edition of Form I-907. Starting July 1, 2022, only the new 05/31/2022 version will be accepted.

Plans to Continue Expanding Premium Processing

The final rule published by DHS focuses on providing relief to individuals waiting for work permits and setting agency-wide backlog reduction goals, including a further expansion in the future of additional premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140.  The agency intends to hire and train new staff to expand the availability of premium processing. The premium processing fees and timeframes for the expanded categories are consistent with the fees and maximum processing timeframes set forth by Congress.

Employers should ensure they are filing premium processing during the designated period and using the correct edition of Form I-907 to avoid rejections or delays of premium processing requests.

The expansion of premium processing options to include these green card categories will be welcome news to employers and their executive and manager employees, but note that this expansion is limited in scope as it applies only to immigrant petitions filed in early or mid-2021 as noted above.  As and when this expansion becomes broader in scope, Mayer Brown will keep you informed on the impact to employer organizations and their green card applicant pool.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.