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

Click here to read this article in Spanish

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.

Monica Zafra


Similar Posts

By Bridget Ramos April 6, 2022
USCIS has developed new regulations to expand its premium processing services for certain case types in order to address major backlogs and provide relief to work permit holders. The rule will take effect 60 days after publication in the Federal Register, but the premium processing expansion will take place in phases over a three-year period. The chart below includes the specific case types that premium processing will be made available for by September 30, 2022.
By Shirin Navabi March 13, 2025
If you’ve recently received the exciting news that your O-1 visa has been approved, congratulations! The O-1 is a prestigious visa, granted only to individuals who can demonstrate extraordinary ability in their field — whether it’s O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics, or O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Getting O-1 approval is no small feat, and it’s a true validation of your talent and hard work. But for many O-1 visa holders, that approval brings up the next big question — what’s the path to securing a green card? For those aiming to remain in the United States permanently, the EB-1A visa is often the natural next step. It’s also known as the green card for individuals of extraordinary ability, which makes it a close cousin to the O-1. Obtaining U.S. permanent residency through EB-1A involves two steps: 1) securing approval of the EB-1A immigration petition (Form 1-40) and 2) adjusting status to that of permanent resident or seeking consular processing. However, while these two categories share similarities, they are not identical. The EB-1A standard is significantly higher, and many O-1 holders underestimate just how much more evidence they need to present to qualify for permanent residency. The good news is, if you’re proactive and strategic about building your case, you can significantly improve your chances of success. Understanding the Difference Between O-1 and EB-1A Both the O-1 and EB-1A visas focus on individuals with extraordinary ability, but they serve different purposes. The O-1 is a temporary work visa that allows you to come to the U.S. to work on specific projects or for a particular employer. It requires a U.S. sponsor to file the petition on your behalf. The EB-1A, by contrast, is an immigrant visa — it is the first step toward obtaining permanent residency. Because the EB-1A leads to permanent residency, its eligibility standards are even higher. You must not only demonstrate extraordinary ability but also show that your recognition is sustained over time and that your work has had a lasting impact on your field. What Can You Reuse From Your O-1 Case? If you put together a strong O-1 petition, some of the evidence you submitted will still be valuable for EB-1A. This includes your awards, media coverage, expert letters, and proof of memberships in prestigious organizations. But the EB-1A demands more — you need to go beyond showing what you’ve accomplished and prove that your influence is ongoing, impactful, and recognized at a national or international level. How to Strengthen Your Case While on O-1 One of the smartest moves you can make is to use your time on the O-1 visa to actively strengthen your EB-1A profile. This means seeking out opportunities to get your work featured in top-tier media, publishing more original contributions, judging competitions, and taking leadership roles in your professional community. Every action you take to enhance your visibility and influence. Final Thoughts — The Path from O-1 to EB-1A is Achievable You may not be able to file your EB-1A today, but we can help you build your case step by step. Whether you need guidance on strengthening your profile, identifying the right evidence, or preparing a strategic filing plan, our team is here to support you. If you’re currently on an O-1 visa and you believe you may be eligible for an EB-1A visa in the future, we encourage you to contact our office. Our experienced attorneys have helped countless individuals successfully navigate this path, and we would be happy to review your case and create a personalized roadmap for your green card journey.
By Angelica Rice March 6, 2025
In January 2025, the U.S. government introduced a mandate requiring all individuals without legal status in the country to register with federal authorities. This initiative aims to enhance national security and ensure compliance with existing immigration laws. If you or someone you know is affected by this change, it's essential to understand the specifics of this requirement and how to comply.​ Who Is Already Registered? Many individuals have already fulfilled their registration obligations through prior interactions with U.S. immigration authorities. You are considered registered if you have been issued any of the following documents:​ Lawful Permanent Resident Card (Green Card)​ Form I-94 or I-94W (Arrival/Departure Record), even if the period of admission has expired​ Immigrant or nonimmigrant visa issued before arrival​ Employment Authorization Document (EAD)​ Border Crossing Card​ Additionally, if you have applied for lawful permanent residence using forms such as I-485, I-687, I-691, I-698, or I-700, even if the applications were denied, or if you were paroled into the U.S. under INA 212(d)(5), you have met the registration requirement. ​ Who Needs to Register Now? If you have not been registered through any of the means mentioned above, you are required to register under the new mandate. This includes:​ Individuals aged 14 or older who were not registered and fingerprinted when applying for a visa and have remained in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days.​ Parents or legal guardians of children under 14 who have not been registered and have been in the U.S. for 30 days or longer. They must register their children before the 30-day period ends.​ Any individual who turns 14 years old in the U.S. and was previously registered. They must apply for re-registration and fingerprinting within 30 days after their 14th birthday. Notably, American Indians born in Canada who entered the U.S. under section 289 of the INA and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act are exempt from this requirement. ​ How to Register The U.S. Citizenship and Immigration Services (USCIS) is developing a new form and process for registration. Starting February 25, 2025 , individuals required to register should create a USCIS online account in preparation for the registration process. Once the process is implemented, registrations will be submitted through this online account. ​ Important Considerations Registration Is Not an Immigration Status: Completing the registration does not grant any immigration status, employment authorization, or other rights or benefits under U.S. law. ​ Consequences of Non-Compliance: Failure to comply with the registration requirement may result in fines, imprisonment, or both. ​ At Santos Lloyd Law Firm, P.C., we are committed to guiding you through this process with compassion and expertise. Our trusted immigration lawyers are here to provide the information and assistance you need during this time.​ For personalized guidance and support, please contact Santos Lloyd Law Firm, P.C., and speak with one of our experienced immigration attorneys. We are dedicated to helping you navigate these changes and securing a hopeful future.
By Juliana LaMendola February 20, 2025
On January 20, 2025, President Donald Trump signed an Executive Order imposing new restrictions on migrants, including limitations on asylum and humanitarian protections. The order directs the Department of Homeland Security (DHS) to terminate all categorical parole programs that conflict with U.S. policies , which includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. Additionally, this provision could impact parole programs for individuals from Afghanistan, Ukraine, and other countries. Beyond restricting parole, the executive order introduces several border security measures , including building more physical barriers, increasing the number of border personnel, and stopping the use of the CBP One mobile application . The order specifically directs the Department of Defense (DOD) and DHS to build more border walls to establish what it calls “complete operational control” of the southern border. Additionally, it ordered the immediate shutdown of the CBP One mobile app, which previously allowed asylum seekers to schedule appointments at U.S. Ports of Entry. As a result, all existing appointments have been canceled immediately . The order also initiates the reinstatement of the “Remain in Mexico” program , also known as the Migrant Protection Protocols (MPP) , across all sectors of the southern border. Under MPP, asylum seekers must remain in Mexico while awaiting the outcome of their U.S. immigration court proceedings, significantly altering the process for those seeking refuge in the country. These measures reinforce the Trump administration's broader effort to restrict asylum and humanitarian protections at the U.S. border . If you or someone you know may be affected by this executive order, it is essential to stay informed and understand your legal rights. Consulting with an immigration attorney can help navigate these evolving policies and ensure the best course of action moving forward.
Show More
Share by:
WhatsApp Live Chat
WhatsApp Logo

Contact Us

×
Hello! How can we help you?