Regulation to Expand USCIS Premium Processing Program Under Federal Review

U.S. Citizenship and Immigration Services (USCIS) has been steadily expanding its premium processing program since 2022, following a final rule published in March of that year. The regulation implements Congress's October 2020 legislation directing USCIS to broaden premium processing services beyond traditional petition types.

What's Available Now

Premium processing is currently available for several case types that were previously ineligible, including:

• Employment Authorization (Form I-765): Available for F-1 Optional Practical Training (OPT) and STEM OPT extensions

• Nonimmigrant Status Changes (Form I-539): Available for changes to F, J, or M student and exchange visitor status

• Employment-Based Petitions: EB-1 Multinational Manager and EB-2 National Interest Waiver I-140 petitions

USCIS plans to further expand premium processing to include:

• Form I-539 applications for extensions and changes of status for dependents of H, L, E, O, P, and R nonimmigrants

• Additional Form I-765 employment authorization categories

Processing Times and Fees

Premium processing guarantees USCIS will process eligible cases within 15 business days for the standard premium processing fee. If USCIS fails to meet this timeframe, the premium processing fee is refunded, though the case continues to be processed.

The expansion has been implemented in phases to ensure USCIS can meet processing commitments while maintaining service quality. Applicants should check the USCIS website for the most current list of eligible case types and filing procedures.