The New Premium Processing - USCIS Stabilization Act

31 March 2022

USCIS Anticipated Premium Processing Timelines


Response Time
(Approval, Denial, RFE)

Premium Processing Fee
(Periodically Adjustable)

Expected Implementation Time

Most Form I-140 EB-1, EB-2, and EB-3 petitions

15 calendar days $2,500 Already Implemented

Form I-140 EB-1 Multinational Manager/Executives & Form I-140 National Interest Waiver

45 calendar days $2,500 FY 2022

Form I-129 Nonimmigrant Workers except H-2B and R

15 calendar days $2,500 Already Implemented

Form I-129 Nonimmigrant Workers Petitions for H-2B and R

15 calendar days $1,500 Already Implemented

Form I-539 Change of Status to F, J, or M

30 calendar days $1,750 FY 2022

Form I-539 Change or Extension of Status for E, H, L, O, P, and R Dependents

30 calendar days  $1,750 FY 2025

Form I-765 Application for Employment Authorization for F-1 OPT and J-1 EADs

30 calendar days $1,500 FY 2022

Some (yet to be announced) additional Forms I-765 EADs

30 calendar days $1,500 FY 2025




30 March 2022

Please note the following points:

  1. Effective Date:

    This rule is effective on May 31, 2022 (flexible). The availability of premium processing for newly designated immigration benefit requests will be announced by USCIS in accordance with DHS premium processing regulations and will become available as stated at that time.

    Date Flexibility: USCIS will announce on its official website those requests for which premium processing of designated benefits is available, the dates when such availability commences or ends, and any conditions that may apply. Some of the new premium benefits are expected to be delayed by up to three years.

  2. New Benefits that Can Be Premium Processed:

    EB-1C and NIW Form I-140 requesting EB-1C immigrant classification as a multinational executive or manager or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Fee: $2,500. Timeframe: 45 days;

    Form I-539 requesting a change of status to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status or a change of status to or extension of stay in E-1, E-2, E-3, H-4, L-2, O-3, P-4, or R-2 nonimmigrant status. Fee: $1,750. Timeframe: 30 days; and

    EAD Form I-765 requesting employment authorization. Fee: $1,500. Timeframe: 30 days.

  3. Calendar Days:

    The days will be counted as calendar days, NOT business days.

Further USCIS Backlog Reduction Goals

new cycle time goals

Nonimmigrant Visas

Green Card

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