What is Premium Processing and should I apply for or upgrade to Premium Processing for my EB-2 National Interest Waiver (NIW) Immigration case? It depends.
Monica Zafra • April 6, 2022
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Guidelines
On March 29, 2022, the Department of Homeland Security announced the expansion of USCIS' premium processing program to increase efficiency and reduce burdens to the legal immigration system. USCIS will seek to alleviate the large backlog exacerbated by the COVID-19 pandemic and expand premium processing to additional categories.
These changes will be implemented throughout fiscal year 2022 through a phased approach. By the end of this fiscal year, USCIS will expand premium processing eligibility to several different categories, one of which is the Form I-140 category for EB-2 National Interest Waiver (NIW) immigration worker petitions. USCIS is also expanding premium processing for other categories as seen here:
USCIS is known to have long processing times and as a result, several applicants have been awaiting updates from USCIS for months longer than anticipated. Premium Processing provides expedited processing for petitions sent to USCIS. Through this process, USCIS guarantees a decision within a shortened number of days to individuals who use the service or USCIS will refund the premium processing fee and still continue with their expedited processing. This is the deadline by which USCIS must issue either an approval notice, request for evidence, notice of intent to deny, or a denial notice. Upon receiving a request for evidence, an applicant may submit documents to support their case and
Fees and Processing Time
The estimated premium processing timeframe for I-140 EB-2 NIW cases will be 45 calendar days with a fee of $2,500. The current regular processing time for a decision for I-140 EB-2 NIW cases range from 8 months to over 1 year.
What does this mean for me and should I apply for or upgrade to Premium Processing for my case?
Premium Processing is a great option for the right applicant. Clients often request Premium Processing for their case due to the expedited turnaround time, which allows them to have a decision on their petition in a much quicker time than regular processing. It is important to consult with your attorney to discuss if you are a good candidate to upgrade. If your case is nearing adjudication, it may not be an ideal option, but if you are still far from a decision from USCIS, it may be a viable option for you. Until the final decision, USCIS will still only have premium processing for currently eligible cases, which are not EB-2 NIWs at this time. However, to prepare for this upcoming eligibility, foreign nationals can contact their Santos Lloyd case manager/attorney to discuss if their case is a good candidate to apply for or upgrade to premium processing when eligible.
If you are interested in applying for or upgrading to Premium Processing for your case, but are unsure if your case is eligible, please contact our office and speak with one of our experienced attorneys.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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Monica Zafra
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