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USCIS Rule to Expand Premium Processing Under Review

By January 26, 2022Immigration
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USCIS has submitted for federal review a regulation that will expand the premium processing adjudication program to include additional case types. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will return the fee but still expedite the application. Premium processing also guarantees that any RFE or NOID responses will also be adjudicated within 15 days. Please click here to learn more about premium processing.

The following are proposed changes brought set forth by the October 2020 Emergency Stopgap USCIS Stabilization Act. At this point, the finalized content of the rule has not been published and finalized changes may be different from the following proposal.

Case Type Processing Timeline Premium Processing Fee New or Current Regulation
Most Form I-140 EB-1, EB-2, and EB-3 Petitions 15 calendar days $2500 Current
Form I-140 EB-1 Multinational Manager

Form I-140 EB-2 National Interest Waiver

Form I-140 EB-2 Physician

45 calendar days Not greater than $2500 New
Form I-129 15 calendar days $2500 Current
Form I-539 Change/Extension of Status to F, J, or M 30 days Not greater than $1750 New
Form I-539 Change/Extension of Status for E, H, L, O, P, and R dependents 30 days Not greater than $1750 New
Form I-755 30 days Not great than $1500 New

The OMB has 90 days to review the USCIS rule, but could take less or more time, depending on the circumstances. After OMB clearance, the rule will be published in the Federal Register. An advance copy of the rule should be released just prior to publication, which will set forth the details of the expansion.

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