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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