The fall season brings two significant updates for US employment-based immigration: (1) the implementation of the next phase of premium processing expansion and (2) a significant retrogression of certain immigrant visa categories.

Next Phase of Premium Processing Expansion

On September 15, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the implementation of the third phase of its expansion of premium processing. As with the first and second phases, this next phase applies specifically to pending I-140, Immigrant Petitions for Alien Workers, in the EB-1 Multinational Executive and Manager category and the EB-2 National Interest Waiver (NIW) category.

This new expansion phase is part of a broader plan during which USCIS will make premium processing services available to additional form types. The more comprehensive USCIS plan seeks to increase efficiency, reduce wide backlogs and provide relief to foreign nationals affected by processing delays. As part of these efforts, USCIS is expanding premium processing for certain EB-1 and EB-2 classifications. The expansion is being implemented in three phases so far:

• The First phase was implemented on June 1, 2022 by accepting Form I-907, Requests for Premium Processing Service, for EB-1C multinational executive and manager petitions received on or before January 1, 2021.

• The Second phase was implemented on July 1, 2022 by accepting Form I-907, Requests for Premium Processing Service, for EB-2 NIW petitions...

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