United States: DHS to Propose Amending Premium Processing Timeframes
October 14, 2026
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At a glance
- A proposed rule now under review at the Office of Management and Budget would seek to amend the U.S. Citizenship and Immigration Services premium processing timeframes, which are currently 15, 30, or 45 business days, depending on the immigration benefit sought.
- Though the contents of the proposal remain confidential for now, it could seek to lengthen existing premium timeframes.
- When the proposal clears federal review, it will be published for a public comment period of 30 to 60 days. The regulation will not take effect until it is finalized, which can take several months.
The issue
The Office of Management and Budget (OMB) is currently reviewing a proposed regulation that, if finalized, would amend the U.S. Citizenship and Immigration Services (USCIS) premium processing timeframes. Currently, premium processing timeframes are 15, 30, or 45 business days, depending on the immigration benefit being requested.
Once the proposal clears OMB review, it will be published in the Federal Register for comments from the public, generally for a period of 30 to 60 days.
Though details of the proposal will not be known with specificity until publication, it is possible that USCIS could seek to lengthen existing premium processing timeframes.
Background
USCIS offers expedited adjudication – called premium processing – of certain immigration benefits for an additional fee that ranges from $1,780 to $2,965 depending on the case type. The fees and premium processing timeframes differ based on the immigration benefit sought. Expedited adjudication can mean the receipt of a decision on the case, or the receipt of a request for evidence (RFE) or notice of intent to deny (NOID) within the designated premium processing timeframe. In recent months, USCIS has more frequently exceeded premium processing timeframes even where the additional fee has been collected.
Premium processing is currently available for Form I-140, most Form I-129 filings, and certain Forms I-765 and I-539 with the following corresponding timeframes:
- Form I-140 for EB-1C multinational manager/executive or EB-2 national interest waiver: 45 business days
- Form I-765 employment authorization applications for F-1s seeking optional practical training: 30 business days
- Form I-539 change of status to F, M, or J: 30 business days
- Other Form I-140 and any eligible Form I-129: 15 business days
USCIS last increased premium processing fees in March 2026, using an inflationary adjustment process that occurs every two years.
What’s next for the proposal
When the proposed rule clears federal review, it will be published for a public comment period of 30 to 60 days. The regulation would not take effect until the rule is finalized, which can take several months.
Once the proposal is published, feedback from employers will be important to inform the government of the impact of the proposal on the business community. If your organization wishes to comment, Fragomen’s Government Strategies and Compliance Group can assist.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
