Earlier this week, the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act, codifying premium processing fees and adjudication timeframes provided by Congress. This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. Notable changes to premium processing include the following:

• EB-1C Multinational Manager/Executive: Premium processing will be available at $2500 for processing within 45 days;
• EB-2 National Interest Waiver: Premium processing will be available at $2500 for processing within 45 days;
• Change of Status to F/J/M: Premium processing will be available at $1750 for processing within 30 days;
• Change of Status to dependent of E, H, L, O, P, R: Premium processing will be available at $1750 for processing within 30 days; and
• Employment Authorization Document: Premium processing will be available at $1500 for processing within 30 days.

As background, premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers.

When should immigration stakeholders expect to see this rule go into effect?  While the effective date of the rule is May 31, 2022, the availability of premium processing for newly designated immigration benefit requests will be announced by USCIS and will only become available as stated at that time. USCIS has announced that it intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022, which ends on September 30, 2022. Thus, it is unclear when exactly each newly designated category will become eligible for premium processing, but there is expectation that there will be developments on premium processing of these new categories in the next 6 months.  Goel & Anderson is closely monitoring this development.

This information is distributed for informational purposes only. For further questions, please contact a G&A attorney for assistance.