American Immigration Lawyer Association recently cited that USCIS announced that certain I-140, I-765 and I-539 categories would be eligible for Premium Processing Service. The effective date of premium processing service for these categories has not been announced. The following categories of petitions will be eligible for premium processing: (1) the following categories of I-140s: EB-1, EB-2 (except NIW), and EB-3; (2) the following categories of I-765s: EB-1 to EB-5 with pending I-485s; and (3) the following categories of I-539s: B-1, J-1, J-2, E-1, E-2, H-4, L-2, O-3, P-4, R-2, and TD. Under premium processing, USCIS guarantees that it will process these designated classifications within these petitions and applications within 15 calendar days in exchange for an additional processing fee of $1,000.

According to the notice published in the Federal Register, the effective date for this premium processing availability will be published on the USCIS website at a future date. In the meantime, USCIS published an interim rule in the Federal Register noting changes to its procedures for designating applications and petitions for premium processing. The interim rule also allows USCIS to designate sub-classifications within types of filings as eligible for premium processing.

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