Significant Changes to Premium Processing

Written by: Ashik Jahan, Esq.

A new federal funding bill also includes some significant changes to the premium processing service offered by the U.S. Citizenship and Immigration Services (USCIS). Presently, USCIS provides premium processing for limited cases with a filing fee of $1,440.00 and adjudicates such filings within 15 calendar days.  Highlights of the new changes are below:

• Premium processing service will be made available for new case types, including all EB1, EB2, and EB3 I-140 petitions, I-539 (such as change of status to F-1 student) and I-765 applications for employment authorization documents (EADs). Similarly, premium processing will be available for all employment-based nonimmigrant petitions.
• The filing fee for premium processing service will vary, depending upon case type, ranging from $1,500.00 for EAD applications to $2,500.00 for certain I-140 petitions.
• The amount of time the USCIS will be given to adjudicate premium processing cases will also vary, from between 15 business days to 45 business days, depending on the case type.

It is not yet clear when these changes will go into effect.  We note that the legislation states that subject to reasonable conditions or limitations, the Secretary of Homeland Security shall establish a premium fee. Also, the legislation states that “The required processing timeline for each of the applications and petitions…shall not commence until the date that all prerequisites for adjudication” are met.   We will continue to monitor these developments.

See: https://www.forbes.com/sites/stuartanderson/2020/10/01/congress-greatly-expands-premium-processing-for-immigration-benefits/#320c249d3db5