• 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

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more

Media mentions

Proposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact

Partners Bo Cooper and K. Edward Raleigh and Senior Counsel Mitchell Wexler discuss the potential impact of a proposed $103,265 fee for cap-subject H-1B petitions on employers and foreign talent.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for our Leadership Lifecycle initiative.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more

Media mentions

Proposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact

Partners Bo Cooper and K. Edward Raleigh and Senior Counsel Mitchell Wexler discuss the potential impact of a proposed $103,265 fee for cap-subject H-1B petitions on employers and foreign talent.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for our Leadership Lifecycle initiative.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
August 27, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
August 28, 2026 | MalaysiaMalaysia: New Photograph Verification Processes
August 28, 2026 | United StatesUnited States: DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
August 28, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
August 27, 2026 | United StatesAIP: Trump Administration Proposes New Six-Figure H-1B Fee
August 27, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
August 28, 2026 | MalaysiaMalaysia: New Photograph Verification Processes
August 28, 2026 | United StatesUnited States: DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
August 28, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
August 27, 2026 | United StatesAIP: Trump Administration Proposes New Six-Figure H-1B Fee
August 27, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
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.