Client Advisory: Possible Future Availability of Expedited Premium Processing for Certain Applications

FordMurray Client Advisory premium processing

The United States Citizenship and Immigration Services (USCIS) has announced that they have issued a final rule to expand premium processing for the following forms: I-140, I-539, I-765. While premium processing does exist for some of these categories now, this new rule will include additional case types and categories.

What Does This Mean?

Nothing, yet. While this is an integral and welcomed step in the right direction for expediting the aforementioned categories, there is still a waiting period while DHS organizes the implementation process. This will happen in phases starting later this year and will continue over the course of 3 years.

Once implemented, the premium processing times for certain applications will be significantly reduced. Additionally, This will allow for smoother transitions without the long status gaps we are currently seeing and will provide some assurance to work permit holders.

The USCIS States in its Rule the Following Will Become Eligible First When Premium Processing Implementation Begins:

Form I-140 – EB-1 (Multinational Executives and Managers), EB-2 (Members of Professions with Advanced Degrees or Exceptional Ability Seeking a National Interest Waiver

  • Fee: $2500
  • Current Timeframe: 12-18 mos.
  • New Proposed Timeframe: 45 days*

Form I-539 – Changing of Status to F-1, F-2, J-1, J-2, M-1, M-2 and Change of Status/Extension of Stay in E-1, E-2, E-3, H-4, L-2, O-3, P-4, R-2

  • Fee: $1750
  • Current Timeframe: 7-14 mos.
  • New Proposed Timeframe: 30 days*

Form I-765 – Requesting Employment Authorization (currently unspecified)

  • Fee: $1500
  • Current Timeframe: 8-13 mos.
  • New Proposed Timeframe: 30 days*

We will be sure to inform our clients when implementation dates are announced by USCIS. At this time, unfortunately, no action can be taken under this Final Rule.