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January 2023: USCIS Announces Further Expansion of Premium Processing Service

24 Jan

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Update Applicable to:
All employers.

What happened?
On January 30, 2023, US Citizenship and Immigration Service (“USCIS”) will permit employers petitioning for multinational managers and individuals seeking a national interest waiver to select premium processing for their petition.

What are the details?
Premium Processing is a faster adjudication path the employer may select for certain employment-based immigrant and non-immigrant petitions. If selected, USCIS will render a decision in fifteen calendar days. Regular/non-premium processing times are measured in months.

US immigration law allows an individual to immigrate to the United States to fill a job only if there are no US workers ready, willing, and able to fill the position. Employers are normally required to test the labor market or seek US workers to fill the position before petitioning for a foreign national. National Interest Waiver candidates seek a waiver of the labor market test because the nature of the individual’s work is so beneficial to the US that it is in the national interest to have the candidate fill the position.

A multinational manager or executive is a foreign national who worked abroad for a US company or subsidiary as an executive or manager who is being transferred to the US to work in an executive or managerial role. Although not required by law, a multinational manager typically has traveled to the US using an L-1A visa and is now seeking to remain in the US permanently.

Premium processing was implemented in 2001 to encourage faster processing of employment-based immigrant petitions. Due to the amount of work involved, these two petition types were excluded from the original implementation of premium processing. Premium processing comes at a cost. Employers wishing to utilize the premium process must pay an additional $2,500 to utilize this service.  

Premium processing is an important tool for employers and foreign nationals navigating the US immigration system. Like all tools, the value of it is knowing when to use it and when not to use it. If you have any questions about this expansion of the premium processing program or employment-based immigration, please contact CDF’s immigration chair, Richard M. Green.

For more information, please see the links below:

USCIS Announcement

California Labor & Employment Law Article

What do employers need to do?
Employers should review the links above and be on the lookout for more news regarding premium processing. Vensure will continue to update once more news has been received.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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