USCIS has just announced that it is implementing the final phase of the premium processing expansion for EB-2 NIW I-140 petitions. Effective January 30, 2023 a new NIW can be filed with premium processing. If you have a pending NIW petition you can request premium processing, regardless of when your case was filed.
Until the EB-2 category for adjustment of status becomes current again, in most cases, it probably doesn’t make sense to file a new NIW with premium processing. However, NIW petitions filed prior to December 1, 2022 are current for adjustment of status purposes and may benefit from premium processing depending on individual circumstances.
If you are interested in pursuing premium processing or are uncertain as to whether it makes sense to do so, please feel free to contact us.