Important Updates
Important Updates
February 19, 2026 | Saudi ArabiaSaudi Arabia: Updates to the Nitaqat Program
February 20, 2026 | 🌐Minimum Salary Changes Announced
February 20, 2026 | United KingdomUnited Kingdom: Full ETA Enforcement Commences February 25; Dual Nationals May Need to Renew Expired Passports Before Travel
February 19, 2026 | CanadaCanada: Updates to Express Entry Category-Based Selection for 2026
February 19, 2026 | BelgiumGlobal Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy
February 19, 2026 | Saudi ArabiaSaudi Arabia: Updates to the Nitaqat Program
February 20, 2026 | 🌐Minimum Salary Changes Announced
February 20, 2026 | United KingdomUnited Kingdom: Full ETA Enforcement Commences February 25; Dual Nationals May Need to Renew Expired Passports Before Travel
February 19, 2026 | CanadaCanada: Updates to Express Entry Category-Based Selection for 2026
February 19, 2026 | BelgiumGlobal Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy
February 19, 2026 | Saudi ArabiaSaudi Arabia: Updates to the Nitaqat Program
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

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.