USCIS Expands Premium for ALL NIW applications and EB-13 Applications

Today USCIS announced that it would expand premium processing for National Interest Waiver application to ALL pending and ALL initial applications starting January 30, 2023. To remind you, premium processing for the National Interest Waiver (or the EB13) costs $2500 and USCIS will process the application within 45 calendar days.

It is important to ensure that if you are going to use premium processing for these two applications that the form and fee do NOT reach USCIS prior to January 30, 2023 or it will be rejected.

In addition, USCIS also indicated that it would be expanding premium processing first to students seeking OPT or a STEM OPT extension and whose applications are already pending. This will happen in March. In April, it will expand to all pending and initial applications for OPT and STEM OPT. Then in May, it will extend to I-539s filed by those seeking student status (F-1) or exchange visitor status that are currently pending. Lastly, it will expand to initial I-539s filed by those seeking student status (F-1) or exchange visitor status in June of this year. We will, of course update you as soon as we hear of any additional expansions.


Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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