Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will fund the government until December 11, 2020. The changes are meant to provide additional funding to USCIS to bolster its operations and improve adjudication times and customer service.

The premium processing fee for cases that are currently eligible for the service will increase from $1,440 to $2,500 - except for H-2B and R (religious worker) petitions, which are set at $1,500.

The new benefit types that will be able to take advantage of premium processing include those listed below. The fees have a "ceiling" amount and have not yet been set. Further, each type of case will have different processing times. Before premium processing for new benefit types go into effect, USCIS must issue regulations setting out the specific fees and the specific adjudication times.

  • EB-1 petitions for multinational executives and managers and EB-2 petitions for those seeking national interest waivers
    • Fee ceiling of $2,500
    • Processing time must be fewer than 45 days
  • Applications to change nonimmigrant status to F, J, or M
    • Fee ceiling of $1,750
    • Processing time must be fewer than 30 days
  • Applications to change or extend status as the dependent of an E, H, L, O, P, or R visa holder
    • Fee ceiling of $1,750
    • Processing time must be fewer than 30 days
  • Applications for employment authorization
    • Fee ceiling of $1,500
    • Processing time must be fewer than 30 days

USCIS is to provide further information before the new fees are implemented. If you have any questions about these upcoming changes, please reach out to your Jackson Lewis attorney. We will provide updates as they become available.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.