On Jan. 12, 2023, USCIS announced its plan to expand premium processing service availability for certain immigrant and non-immigrant benefits in 2023. Beginning Jan. 30, 2023, USCIS will be implementing the final phase of the premium processing expansion for Form I-140 EB-1C multinational executive classification and EB-2 National Interest Waiver (NIW) classification. This new expansion phase will apply to initial petitions filed after Jan. 30, 2023, as well as to all previously filed EB-1C and EB-2 NIW petitions currently pending at USCIS. Petitioners who wish to request premium processing service for new or pending EB-1C or EB-2 NIW petitions must file Form I-907, Request for Premium Processing Service with the requisite filing fee of $2,500.

In addition, USCIS will expand the premium processing service for F-1 students seeking OPT or STEM OPT extensions. USCIS has announced that in March 2023, it will expand premium processing service to certain F-1 students applying for OPT and F-1 students applying for STEM OPT extensions who have a pending Form I-765 (Application for EAD) at USCIS. In April 2023, USCIS will expand premium processing to all F-1 students seeking OPT and F-1 students applying for STEM OPT extensions who are filing an initial Form I-765. USCIS will provide specific dates for each expansion in February 2023.

USCIS has further announced that it will expand premium processing for certain Form I-539 applications including F-1 and J-1. USCIS anticipates that it will expand premium processing for certain F-1 and J-1 applicants with pending Form I-539 at USCIS in May 2023. USCIS also anticipates that it will expand premium processing for certain F-1 and J-1 applicants filing their first Form I-539 applications in June 2023. USCIS has not provided specific dates for each development and will make additional announcements when it is ready to implement these premium processing expansion phases. 

USCIS’s expansion of premium processing service to additional form types is part of its effort to increase efficiency and reduce burdens to the overall U.S. immigration system. USCIS will adhere to the legislative requirement that the expansion of premium processing service does not result in an increase in processing times for immigration benefit requests not eligible for premium processing or filed under regular processing.

^Law Clerk/JD. Not admitted to the practice of law.

Tags: EB-1, EB-2, Greenberg Traurig, GT, gtlaw, gt_law, I-140, i-140 petition, Immigration, OPT, USCIS
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

…

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.

Read more about Kate Kalmykov
Show more Show less
Related Posts
international travel airplane
TSA to Accept Digital IDs From a Number of States
August 12, 2025
visa application form
DOS to Require In-Person Consular Interviews for Most Nonimmigrant Visa Applicants
July 30, 2025
Department of State office building
Temporary Pause on Foreign Student and Exchange Visitor F, M, and J Visa Interviews
May 28, 2025