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USCIS Expands Premium Processing, May Lengthen Response Periods and Raise Fees

Premium Processing, the accelerated response service USCIS offers for a $2,500 fee, is newly available for initial EB-1C (Multinational Executive/Manager) and EB-2 National Interest Waiver (NIW) Petitions.  Petitioners in EB-1C and NIW pending cases may also request premium processing.  The time period for guaranteed response, 45 days, is longer than for the other premium-processing eligible categories; and, as with every case filed under the program, the response may be a Request for Further Evidence (RFE).  Once the petitioner files the answer to the RFE, the government then has the initial guaranteed response period to adjudicate the case.

USCIS expects further expansion of the Premium Processing program in coming months, with fees and guaranteed response periods to vary:  F-1 students seeking OPT or STEM OPT extension (Form I-765) will pay $1,500 for a response in 30 business days; and some nonimmigrants seeking change of status to F-1  or J-1 Exchange Visitor (Form I-539) will be able to pay $1,750 for the same 30-business day response period.  A more specific timeline may be found in the USCIS announcement, and more specific information about eligibility in the DHS final rule.

Meantime,  USCIS has proposed, among other actions, to lengthen the premium processing response time in EB-1A and B, O-1 and H1-B cases to fifteen business days instead of 15 calendar days.  This cost-cutting measure would be accompanied by fee increases for H-1B registration, to $250; institution of variable I-129 fees depending on the classification being sought; an additional, separate increase of $600 for Forms I-140 and I-129;  charging separate fees for Form I-485, Form I-765 (Employment Authorization), and Form I-131, (Advanced Parole -travel document); and several other changes.  A comprehensive comparison of current and proposed fees may be found here (scroll down to Section C of the Executive summary). 

Members of the public may submit comments here.  The comment period closes on March 6, 2023.

 

 

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