Obtaining a Green Card for individuals with Exceptional Abilities (EB-2 NIW) and Multinational Managers/Executives will be much faster starting on January 30, 2023

With the goal of reducing the high volume of green card cases pending adjudication, the U.S. Citizenship and Immigration Services (an agency of the Department of Homeland Security responsible for analyzing and approving visa applications within the U.S.) published on January 12, 2023 the expansion of the Premium Processing Services to two categories that previously did not have access to it: Green Card application for Executives/Managers of Multinational Companies (EB-1 Multinational Manager/Executive) and Green Card petition for Professionals with Exceptional Ability through the National Interest Waiver (EB-2 NIW Exceptional Ability with National Interest).

This regulation will become effective on January 30, 2023 and will apply to new applications filed as of that date, as well as to applications previously filed.

The Premium Processing Service is a service made available by USCIS for some years now for certain visas that allows the case to be reviewed by a dedicated team with the aim of enabling accelerated processing. It works like a “Fast-pass at Disney”: the applicant pays an additional fee in the amount of US$ 2,500 and has his/her case reviewed in a much shorter period of time.

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Although the fee is expensive (approximately 3.5 times the regular fee for normal processing time), the average processing time for an EB-2 NIW (I-140 Petition) which is now about 16 to 19 months (depending on the reviewing center) will become 45 days.

Thus, it is important to talk to your immigration lawyer to assess the cost-effectiveness of applying for Premium Processing, as in some cases it may not be the best strategy. If you need support for your case or want to apply for a green card or other visa, contact our attorneys.

To learn more about the Green Card for Executives/Managers of Multinationals (EB-1 Multinational Manager/Executive) and the Green Card for Professionals with Exceptional Abilities through National Interest Waiver (EB-2 NIW Exceptional Ability with National Interest), among others visas, download our Visa Guide here.

To access the official USCIS page with more information about this measure, click here (https://www.uscis.gov/newsroom/news-releases/uscis-announces-new-actions-to-reduce-backlogs-expand-premium-processing-and-provide-relief-to-work)

Written by Louanni Ribeiro, Associate at Drummond Advisors

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