On March 29, 2022, U.S. Citizenship and Immigration Services (USCIS), announced an expansion of its premium processing service, pursuant to a final rule issued by the Department of Homeland Security (DHS). While premium processing is being expanded, it will not apply to all applications or petitions that are processed by USCIS. 

• What applications are currently eligible for premium processing?

Premium processing is an expedited processing service provided by USCIS for an additional fee. By paying for premium processing, USCIS guarantees processing of the petition within 15 calendar days. If the petition is not processed within 15 calendar days, USCIS will refund the premium processing service fee and will continue with expedited processing of the petition. 

• What applications are currently eligible for premium processing?

Currently, premium processing is only available to employers filing Form I-129, Petition for a Nonimmigrant Worker (most commonly for H-1B, L-1, O-1, or TN classifications), and Form I-140, Immigrant Petition for Alien Workers for certain employment-based classifications. Premium processing carries an extra fee, between $1,500 and $2,500 that can be paid by the employer, beneficiary, or attorney-of-record. 

• What applications will be eligible for premium processing under the new rule?

Under the new rule, premium processing services will also be available for Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140, Immigrant Petition for Alien Workers. The rule is intended to implement Congress’ Emergency Stopgap USCIS Stabilization Act and is part of USCIS’s efforts to reduce backlogs and provide relief to Employment Authorization Document (EAD) cardholders.

• When will you be able to request premium processing for applications included in the expansion?

USCIS anticipates that the initial expansion of premium processing will begin on June 1, 2022 with “premium processing upgrades” for certain pending petitions, but has not made the formal announcement about when it will begin accepting premium processing requests for initial filings. In 2022, USCIS plans to begin implementing premium processing for Form I-539 Application to Extend/Change Nonimmigrant Status, Form I-765 Application for Employment Authorization, and certain Form I-140 classifications (EB-1C classification as a multinational executive or manager, and EB-2 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver) and aims to implement additional expansions in a phased approach over a three-year period.

The new classifications of petitions and applications that will be eligible for premium processing will be phased in as follows:

2022:

• Form I-140 EB-1 Multinational Manager (Fee: $2500; Processing Time: 45 days);
• Form I-140, EB-2 National Interest Waiver (NIW) (Fee: $2,500; Processing Time: 45 days);
• Form I-539 Change of Status to F, J, or M nonimmigrant status (Fee: $1,750; Processing Time: 30 days); and 
• Form I-765, Application for Employment Authorization for F-1, OPT, and J exchange visitors (Fee: $1,500; Processing Time: 30 days)

2025: 

• Form I-539 Change or Extension of Status for E, H, L, O, P, and R dependents; and
• Form I-765, Application for Employment Authorization for additional applicants (not yet defined)

Until the final rule takes effect, premium processing will continue to be available only for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers for certain employment-based classifications.  USCIS will be publishing updates on premium processing on its website.

Do you still have questions about the expansion of premium processing? Our team of experienced immigration attorneys is happy to answer your questions.