Important Updates
Important Updates
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 2, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 2, 2025 | 🌐Minimum Salary Changes Announced
July 2, 2025 | United KingdomUnited Kingdom: Statement of Changes Creates Restrictions for Sponsored Work Routes
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 2, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 2, 2025 | 🌐Minimum Salary Changes Announced
July 2, 2025 | United KingdomUnited Kingdom: Statement of Changes Creates Restrictions for Sponsored Work Routes
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

United States: DHS Issues Final Rule to Expand USCIS Premium Processing Program in Phases

March 29, 2022

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The regulation will expand premium processing service to additional case types, including additional categories of I-140 petitions, certain Form I-765 employment authorization document (EAD) applications, and some Form I-539 applications to change or extend status.
  • The rule will take effect 60 days after publication in the Federal Register, but implementation will occur in phases over a period of at least three years and dependent on DHS’s capacity.
  • The phased implementation is expected to begin this fiscal year with EB-1 Multinational Manager and EB-2 National Interest Waiver (NIW) I-140 petitions, Form I-539 applications to change to F, J, or M status, and Form I-765 applications for F-1 Optional Practical Training (OPT) and J exchange visitor employment authorization.
  • In FY 2025, premium processing is expected to become available for Form I-539 applications for extensions and changes of status for dependents of H, L, E, O, P, and R principal nonimmigrants, and for Form I-765 applications for an as yet unspecified additional group of EAD application types.
  • The rule also announces a new method for determining when the premium processing clock starts for new case types, based on when USCIS receives “all prerequisites for adjudication,” which could lengthen the actual wait time for action on a case.

The issue

On March 30, the Department of Homeland Security (DHS) will publish a long-awaited final regulation that sets the groundwork for expansion of U.S. Citizenship and Immigration Services’ (USCIS) premium processing program to several additional immigration benefit case types, but defers the start of implementation until later this fiscal year.

USCIS announced the new rule as part of its actions to reduce backlogs and to provide certain relief to work permit holders. The rule is intended to implement legislation that was signed into law in October 2020 as part of the Emergency Stopgap USCIS Stabilization Act, and largely mirrors the premium processing case types, fees, and adjudication timeframes detailed in that legislation. In February 2021, USCIS expanded premium service to E-3 petitions pursuant to the legislation but until now, the agency had not initiated expansion to any other case types.

Lengthy phase-in for expanded premium processing

The final rule takes effect 60 days after publication in the Federal Register, but the actual implementation of expanded premium processing will be phased in over a period of at least three years and is likely to impose conditions or limitations on the availability of premium service.

By September 30, 2022, the end of this fiscal year, USCIS plans to expand premium processing eligibility to Form I-140 immigrant worker petitions in the EB-1 Multinational Manager and EB-2 National Interest Waiver (NIW) categories, Form I-539 applications to change to F, J, or M nonimmigrant status, and Form I-765 applications for F-1 OPT and J exchange visitor employment authorization. USCIS will announce on its website the premium processing availability details and any conditions that may apply.

The expanded list of eligible case types, revised fee schedule, and processing timeframes set forth in the final rule are as follows.

 

Case Type Processing Timeframe* Premium Processing Fee** Expected Implementation Timeline
  • Most Form I-140 EB-1, EB-2, and EB-3 petitions
15 calendar days (current) $2,500 Current
  • Form I-140 EB-1 Multinational Manager & Form I-140 EB-2 National Interest Waiver (NIW)
45 calendar days $2,500 FY 2022
  • Form I-129 Nonimmigrant Worker Petitions except H-2B and R
15 calendar days (current) $2,500 Current
  • Form I-129 Nonimmigrant Worker Petitions for H-2B and R
15 calendar days (current) $1,500 Current
  • Form I-539 Change of Status to F, J, or M
30 calendar days $1,750 FY 2022
  • Form I-539 Change or Extension of Status for E, H, L, O, P, and R Dependents
30 calendar days  $1,750 FY 2025
  • Form I-765 Application for Employment Authorization for F-1 OPT and J exchange visitor EADs
30 calendar days $1,500 FY 2022
  • Form I-765 Application for Employment Authorization for not yet specified additional group of EAD applicants
30 calendar days $1,500 FY 2025

* The “processing timeframe” refers to the deadline by which USCIS must issue either an approval notice, a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or a denial notice.

** Consistent with the provisions of the enabling legislation, the Final Rule also permits USCIS to adjust the premium processing fees on a biannual basis, based on changes in the Consumer Price Index for All Urban Consumers (CPI-U).

USCIS is expected to make an announcement on its website as each new case type becomes eligible for premium processing. The website announcement may also place conditions on the availability of premium processing for new case types. Such conditions may include limiting the availability of premium processing to cases that have been pending for a minimum period of time, or delaying the start of the premium processing clock for administrative reasons, such as the running of a required selection lottery.

In addition, for new case types becoming eligible for premium processing, the processing clock will only begin to run upon the date USCIS receives “all prerequisites for adjudication”– meaning that the agency would begin to count the processing timeframe only after it receives all necessary documentation, information from interviews, biometrics, or background checks, as appropriate for the case type. Depending on the case type and its requirements, this means that petitioners and applicants could wait longer than the official premium processing timeframes to see action on their cases.

Related USCIS initiatives

In a related development, in an effort to reduce backlogs and lengthy processing times, USCIS also announced a forthcoming temporary final regulation that is expected to temporarily expand the automatic extension of Form I-765 employment authorization for certain renewal applicants. It is not yet clear whether the final regulation would lengthen the automatic extension period, expand the categories of EADs eligible for the automatic extension, or both. 

What this means for employers and foreign nationals

Until the final rule takes effect and USCIS announces the premium processing availability details for the newly eligible cases, premium processing will only be available for the currently eligible I-129 and I-140 petition case types. Employers and foreign nationals can begin working with their Fragomen professional to review pending cases in the affected case types for which premium processing is slated to take effect this fiscal year to identify time-sensitive cases that merit consideration for upgrading to premium processing when the case type becomes eligible.

However, employers and foreign nationals should be aware that USCIS does not intend to include all EAD applications in the premium processing program. The final rule suggests that a substantial percentage of EAD application case types may ultimately not benefit from premium expansion. This fiscal year, only F-1 OPT and J exchange visitor EAD applications are expected to become eligible for premium processing, categories which DHS indicates represent only about 10% of EAD application filings. Expansion to other EAD categories is not expected until FY 2025, and although the rule does not identify which other EAD categories may become eligible in that year, data provided in the final rule suggest that the FY 2025 expansion may cover only an additional 5% or so of overall EAD filings.

Fragomen will be closely monitoring the implementation of premium processing expansion and will issue further client alerts as USCIS announces premium processing availability for new case types.

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

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.