D&S Adjudication Alert: I-140 Adjudications Not Receiving Premium Processing

The immigration bar has noted a trend with the adjudication of certain I-140 petitions filed with premium processing service. It appears that the United States Citizenship and Immigration Service (USCIS) has been unable to meet premium processing deadlines on a large number of EB-1(a), (c) and EB-2 NIW I-140 petitions filed since December 2024. Individuals who intend to file such petitions with premium processing should expect the expedited timeline may not be honored by USCIS (in which case, a refund of the premium processing fee should occur, though USCIS will not issue the refund until case adjudication is completed).

D&S is continuing to monitor this developing adjudication trend and will provide updates as they become available.