On March 30, 2022, the Department of Homeland Security (DHS) announced a final rule expanding options for Premium Processing across multiple immigration benefits requests, to be phased in over a three year period.
The regulation will expand Premium Processing service to additional categories of I-140 Immigrant Petitions for Alien Workers, certain Form I-765 employment authorization document (EAD) applications, and some Form I-539 applications to change or extend nonimmigrant status. While the Final Rule goes into effect on May 31, 2022, USCIS will immediately exercise its discretion to suspend Premium Processing for the newly eligible forms, so that it can roll out the expansion in phases.
EB-1C Multinational Manager: $2,500 fee for 45 calendar-day adjudication time
EB-2 National Interest Waiver: $2,500 fee for 45 day adjudication time
I-539 Application to Change Nonimmigrant Status to F, J, and M categories: $1,750 fee for 30 day adjudication time
I-539 Application to Change/Extend Nonimmigrant Status for E, H, L, O, P & R categories: $!,750 fee for 30 day adjudication time.
I-765 Applications for Employment Authorization for F-1 and J-2: $1,500 fee for 30 day adjudication time.
The above expansions are expected to occur during Fiscal Year 2022; i.e., by September 30, 2022. USCIS plans to phase in additional EAD types over three years at its discretion; the expansion would excludes those with regulatory timeframes.
The rule also announces a new method for determining when the premium processing clock starts for new case types, based on when USCIS receives “all prerequisites for adjudication,” which could lengthen the actual wait time for action on a case.