United States: DHS Issues Final Rule to Expand USCIS Premium Processing Program in Phases
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The final rule takes effect 60 days after publication in the Federal Register, but the actual implementation of expanded premium processing will be phased in over a period of at least three years and is likely to impose conditions or limitations on the availability of premium service.
By September 30, 2022, the end of this fiscal year, USCIS plans to expand premium processing eligibility to Form I-140 immigrant worker petitions in the EB-1 Multinational Manager and EB-2 National Interest Waiver (NIW) categories, Form I-539 applications to change to F, J, or M nonimmigrant status, and Form I-765 applications for F-1 OPT and J exchange visitor employment authorization. USCIS will announce on its website the premium processing availability details and any conditions that may apply.
The expanded list of eligible case types, revised fee schedule, and processing timeframes set forth in the final rule are as follows.
| Case Type | Processing Timeframe* | Premium Processing Fee** | Expected Implementation Timeline |
|
15 calendar days (current) | $2,500 | Current |
|
45 calendar days | $2,500 | FY 2022 |
|
15 calendar days (current) | $2,500 | Current |
|
15 calendar days (current) | $1,500 | Current |
|
30 calendar days | $1,750 | FY 2022 |
|
30 calendar days | $1,750 | FY 2025 |
|
30 calendar days | $1,500 | FY 2022 |
|
30 calendar days | $1,500 | FY 2025 |
* The “processing timeframe” refers to the deadline by which USCIS must issue either an approval notice, a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or a denial notice.
** Consistent with the provisions of the enabling legislation, the Final Rule also permits USCIS to adjust the premium processing fees on a biannual basis, based on changes in the Consumer Price Index for All Urban Consumers (CPI-U).
USCIS is expected to make an announcement on its website as each new case type becomes eligible for premium processing. The website announcement may also place conditions on the availability of premium processing for new case types. Such conditions may include limiting the availability of premium processing to cases that have been pending for a minimum period of time, or delaying the start of the premium processing clock for administrative reasons, such as the running of a required selection lottery.
In addition, for new case types becoming eligible for premium processing, the processing clock will only begin to run upon the date USCIS receives “all prerequisites for adjudication”– meaning that the agency would begin to count the processing timeframe only after it receives all necessary documentation, information from interviews, biometrics, or background checks, as appropriate for the case type. Depending on the case type and its requirements, this means that petitioners and applicants could wait longer than the official premium processing timeframes to see action on their cases.
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