In January 2023, USCIS announced that all I-140 immigrant visa petitions in the EB-1 category (including international executives and managers) and EB-2 National Interest Waiver categories are eligible for premium processing. The associated fee is $2,500 and the guaranteed timeframe is 45 days. While this, too, is longer than the “usual” 15 days, making premium processing available to international executives and managers and national interest waiver petitioners will move these green card cases forward and make it possible for certain spouses to apply for employment authorization once the I-140s are approved.
These changes are all part of a plan set out by the Department of Homeland Security (DHS) in March 2022. At that time, DHS said it would make premium processing available to Form I-140 petitions, I-539 applications to change or extend status, and I-765 applications for employment authorization. This plan delighted petitioners and applicants (although costs were raised and timelines expanded), but it was not clear how long it would take to implement. DHS explained that the new premium processing would be put into effect when the revenues existed to cover potential costs (such as hiring staff) without adversely affecting other processing times, and that DHS would effectuate the new benefits “as soon as feasible.” DHS noted that some of these changes would not be available until 2025.