USCIS May Change Premium-Processing Timelines

USCIS plans to change the timeline for premium processing of applications including petitions for immigrant employees.

1. What is the current rule? USCIS must take action within:

  • 15 business days: Eligible I-129 petitions, including H-1B, L-1, and O-1, and most I-140 petitions.

  • 30 business days: Eligible OPT/STEM OPT applications and certain changes of status to F, M, or J.

  • 45 business days: EB-2 NIW and EB-1C petitions.

This guarantees timely action, which may include an RFE, not necessarily an approval.

  • $2,965: for most eligible I-129 and I-140 petitions.

  • $1,780: for eligible EAD applications.

  • $2,075: for certain change-of-status applications.

2. What would the new rule change?

Details aren’t public yet. We don’t know which cases would be affected or whether processing would get faster or slower.

3. Where things stand?

USCIS sent the proposal for White House review on October 13. It hasn’t been published for public comment, and no effective date has been announced.

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