• Insights

House Passes Measure to Expand USCIS Premium Processing and Stave Off Agency Furloughs; Senate Path Unknown

August 24, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The U.S. House of Representatives has passed a stopgap bill that expands the U.S. Citizenship and Immigration Services (USCIS) premium processing program in an attempt to prevent the agency from furloughing 70% of its workforce on August 30.
  • Chances of the bill passing through the full Congress are currently unknown, so furloughs on August 30 and a resulting USCIS processing slowdown remain a possibility.
  • Employers should continue to file timely petitions and be aware that a slowdown may affect employment authorization for foreign nationals with upcoming expirations.

The issue

The U.S. House of Representatives has unanimously passed an emergency stopgap bill that would expand the premium processing program at U.S. Citizenship and Immigration Services (USCIS) in order to prevent around 13,000 agency employees from being furloughed on August 30.

If passed by the full Congress and signed into law by the president, the bill would permit USCIS to use premium processing funds for normal agency operations as an alternative to USCIS’s recent request for $1.2 billion in appropriations. It would also increase agency revenue generated through the premium processing program by increasing the permissible fees and expanding the categories of immigration benefits eligible for the expedited service.

Prospects of the bill’s passage remain unknown given that the Senate is not scheduled to return to session until September. It is also unclear whether the bill will receive enough support to pass in the Senate.

Background

As has been widely reported, USCIS currently plans to furlough 13,400 employees (or about 70% of its workforce) on August 30 unless the agency receives additional funding to close its claimed budget shortfall. The agency claims that it needs $1.2 billion in appropriations from Congress to make up for fees lost due to a drop in application and petition filings in the last several years. If a furlough occurs, case processing at USCIS would be significantly delayed, if not effectively suspended.

USCIS is largely funded by filing fees, most of which maintain the agency’s operations. Premium processing fees are typically limited to support only the premium processing program and some agency infrastructure improvements. The House bill would increase and free some of these funds to support normal agency operations

Proposed changes to premium processing

The current premium processing program requires USCIS to respond to an immigration benefits filing (with approval, denial or request for further evidence) within 15 calendar days (slated to increase to 15 business days on October 2), for a fee of $1440. Most, but not all, Form I-129 nonimmigrant and Form I-140 immigrant visa petitions are eligible for premium processing service at this time.

The House bill contains the following expansions of premium processing eligibility and fees:

  • Increase in fees for existing premium processing categories: For immigration benefits already eligible for premium processing, increase the fee to $2500, from $1440 (except for H-2B and R nonimmigrant visa petitions). The 15-day processing time would remain in place.
  • Implement premium processing service for the following new categories:
    • EB-1 multinational managers and EB-2 national interest waivers: Fees must be less than $2500 and processing times less than 45 days.
    • Change nonimmigrant status to F, J or M (Form I-539): Fees must be less than $1750 and processing times less than 30 days.
    • Changes or extensions of status for Dependents of E-1/E-2, H, L, O, P, or R nonimmigrants (Form I-539): Fees must be less than $1750 and processing times less than 30 days.
    • Applications for employment authorization (Form I-765): Fees must be less than $1500 and processing times less than 30 days.


The bill does not specify whether the above timeframes refer to business or calendar days, however, premium processing service is already slated to move to a calendar day processing timeframe on October 2. 

What a USCIS furlough would mean for employers and foreign nationals

It is unknown at this time whether the House bill will succeed in passing through the full Congress in order to become law. In the meantime, USCIS furloughs on August 30 remain a possibility.

The situation remains fluid, but employers should be aware of the following as events unfold:

  • If a furlough occurs, USCIS processing slowdowns are likely, at least for a time.
  • Employers should continue to timely submit petitions, applications, and responses to requests for evidence (RFEs) even if receipting and other processing is suspended or delayed.
  • Some foreign nationals’ work authorization may end if their extensions or employment authorization document (EAD) renewals are not approved by the expiration of their current work authorization or any automatic extension of work authorization on the basis of a timely filing.


The length of any furlough is also unknown. By September 30, Congress must pass an appropriations package or stopgap measure to fund the federal government for FY 2021, which could include additional funds for USCIS, depending on where agency funding and operations stand at that time. 

Fragomen is closely monitoring the USCIS furlough situation and will continue to provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.