Important Updates
Important Updates
March 13, 2026 | IndiaIndia: PIO Card Validity Update
March 13, 2026 | BrazilBrazil: Electronic Visitor Visa Now Available for Chinese Nationals
March 13, 2026 | CanadaCanada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award
March 13, 2026 | BrazilDiário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios
March 13, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
March 13, 2026 | IndiaIndia: PIO Card Validity Update
March 13, 2026 | BrazilBrazil: Electronic Visitor Visa Now Available for Chinese Nationals
March 13, 2026 | CanadaCanada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award
March 13, 2026 | BrazilDiário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios
March 13, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
March 13, 2026 | IndiaIndia: PIO Card Validity Update
Subscribe
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
  • Insights

United States: Regulation to Expand USCIS Premium Processing Program Under Federal Review

December 9, 2021

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

  • A U.S. Citizenship and Immigration Services final rule that would expand premium processing to include additional case types has been submitted to the Office of Management and Budget for review, putting it closer to publication and implementation.  
  • The regulation implements Congress’s October 2020 legislation which directed USCIS to expand premium processing service, including for applications for employment authorization (Form I-765) and nonimmigrant changes of status and extensions of stay for certain dependent family members (Form I-539). 
  • The specific contents of the final rule – including the case types eligible for premium processing, processing timelines, and corresponding fees and implementation dates – are not yet known.  
  • Once OMB clears the rule, it will be published in the Federal Register and become effective according to the terms of the rule. The timeline to implementation could be several months. 

The issue

U.S. Citizenship and Immigration Services (USCIS) has submitted for federal review a final regulation that would expand the agency’s premium processing adjudication program to several additional immigration benefit case types. The rule is now under review at the Office of Management and Budget (OMB), putting it one step closer to publication and implementation.  The rule implements legislation that was signed into law late last year as part of a stopgap budget measure.  
 
The contents of the final regulation are not yet known and will remain confidential until released for publication in the Federal Register, but the rule is expected to identify the categories of case types newly eligible for premium processing, and the processing times, fees, and implementation timelines associated with each.  It is possible that USCIS could implement premium processing for newly eligible categories in a delayed or staggered manner instead of all at once. 

Background

This premium processing expansion was included in Emergency Stopgap USCIS Stabilization Act, signed into law on October 1, 2020.  The law resulted in an immediate increase in the base fee for the existing program, to $2,500 from $1,440.  It also required USCIS to implement a permanent expansion of premium processing to include additional immigration applications and petitions. Applications for employment authorization (Form I-765) and applications to change or extend status for the dependents of H-1B, L-1 and other principal nonimmigrants (Form I-539) – which are currently facing significant backlogs - were included in this list. In February 2021, USCIS expanded premium service to E-3 petitions, but since then, the agency has not initiated expansion to any other case types. 
 
The October 2020 law also limits USCIS’s ability to suspend premium processing, permitting suspensions only where the agency cannot complete a “significant number” of premium requests within the required time period. Further, it requires the agency to provide petitioners and applicants with “direct and reliable” access to premium case status information and the ability to communicate with premium processing units at USCIS Service Centers. 

Expansion of USCIS premium processing

Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 immigrant worker petitions, with a 15-day adjudication timeframe.   

The revised fee schedule and timeframes set forth by the October 2020 legislation are as follows:

Case Type Processing Timeline Premium Processing Fee
Most Form I-140 EB-1, EB-2 and EB-3 petitions  15 calendar days (current)  $2,500 
Form I-140 EB-1 Multinational Manager 
Form I-140 EB-2 National Interest Waiver 
Form I-140 EB-2 Physician 
45 days  Not greater than $2,500 
Form I-129 Nonimmigrant Worker Petitions  15 calendar days (current)  $2,500 
Form I-539 Change/Extension of Status to F, J or M  30 days  Not greater than $1,750 
Form I-539 Change/Extension of Status for E, H, L, O, P and R Dependents  30 days  Not greater than $1,750 
Form I-765 Application for Employment Authorization  30 days  Not greater than $1,500 

Next steps

The OMB has 90 days to review the USCIS rule, but could take less or more time, depending on the circumstances. After OMB clearance, the rule will be published in the Federal Register. An advance copy of the rule should be released just prior to publication, which will set forth the details of the expansion.  

What it means

There is no immediate change to the premium processing program at this time. The existing premium program for certain I-129 and I-140 petitions remains available.

Fragomen is closely following implementation of the premium processing expansion and will provide updates as they become available. 

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

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

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

© 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.