Congress Passes Major Changes to Premium Processing
Congress has recently passed a new law which will expand USCIS’s optional premium processing service. These changes could make life considerably easier for those seeking all types of immigration benefits in the U.S.
In this article, we give you a quick review of exactly what premium processing is, and then discuss the four major changes just enacted into law. If, after reading this article, you have more questions about premium processing and the changes in the new law, we invite you to contact us at Ashoori Law. Feel free to call us at +1-818-741-1117 or you may schedule a free consultation by clicking this link.
What Is Premium Processing?
Since 2001, USCIS has charged a premium fee for faster processing of limited types of immigration petitions. Specifically, payment of the premium fee would guarantee a 15-day turnaround on certain employer petitions for immigrant and non-immigrant workers. The premium fee for the service was (as of the beginning of 2020) set at $1,440.
At the end of September 2020, however, Congress stepped in with new legislation that greatly expands the premium processing program at USCIS. This new legislation will likely have remarkable advantages for those seeking all types of immigration benefits in the U.S.
Congress Substantially Expands Premium Processing for Immigration Benefits
There are four major changes to premium processing in Congress’ new immigration legislation. They are as follows:
1. Expanding the Types of Cases Eligible for Premium Processing
As noted, before this new law, premium processing was only available for very few types of employment-based immigrant and employment-based non-immigrant petitions. Now, however, the new law allows premium processing for additional employment-based immigrant petitions including EB1C, for multi-national managers and executives; and the EB2 national interest waiver.
The demand for premium processing for those two types of petitions in particular has been high for quite some time. In fact, our law firm has often gotten questions about premium processing for those categories. So, it is very good news that they are now included in the premium processing program.
In addition to those two categories, premium processing will also be available for:
- Additional employment-based non-immigrant petitions,
- Applications to change or extend non-immigrant status, and
- Applications for an Employment Authorization Document (EAD).
Allowing premium processing for EADs is a tremendous benefit. USCIS used to have a roughly 90-day processing time to process EAD applications. Yet, EAD applications are filed by hundreds of thousands of people every year. In recent years, the wait time for these applications has slowed to six months or longer in some cases. Thus, allowing for premium processing of EAD applications is a great improvement.
Finally, the new law states that premium processing is available for any other immigrant benefit type that the Secretary of Homeland Security deems appropriate. What that means is that USCIS may be able to expand premium processing to any type of immigration benefit, a big change indeed.
2. Increasing the Processing Time for Premium Processing
Of course, any benefit usually comes with a downside. Here, the downside to the new legislation is that the premium processing time limits are changing. While the new law does not mention any change to the 15-day processing time for services already available under the premium processing program, it does lay out longer processing times for other types of benefits. Specifically,
- For EB1C and EB2 NIW petitions, the maximum processing time can be up to 45 days.
- For change of status to F, J, or M status, the maximum processing time can be up to 30 days.
- For change of status to E, H, L, O, P, or R status, the maximum processing time can be up to 30 days.
- For an Employment Authorization Document (EAD), the maximum processing time can be up to 30 days. (As noted above, that is a huge improvement given that wait times have lately been six months or longer.)
3. Increasing the Fee for Premium Processing
In addition to longer time limits for certain benefits, the premium processing fees will be higher overall, compared to the current $1,440 fee. Specifically,
- For those immigration benefits that were eligible for premium processing before August 1, 2020, the premium processing fee will now be $2,500 (except H-2B or R petitions will have a $1,500 fee).
- The fee for EB1C and EB2 petitions shall not be greater than $2,500.
- The fee for change of status to F, J, and M status shall not be greater than $1,750.
- The fee for change of status to E, H, L, O, P, and R status shall also not be greater than $1,750.
4. Some Additional Positive Changes in the New Law
The new law was written in a way to encourage USCIS to update and improve services overall. To that end, the new law requires the Secretary of Homeland Security to report to Congress in the next six months with USCIS’s five-year plan to do the following:
- Establish electronic filing procedures for all applications and petitions for immigration benefits
- Accept electronic payment of fees at all filing locations.
- Issue correspondence electronically including USCIS decisions, Requests for Evidence (RFEs) and Notices of Intention to Deny (NOIDs).
- Improve processing times for all immigration benefits.
In addition, the new law gives USCIS greater flexibility on how it chooses to spend the money it takes in as a result of the premium processing fees.
When Will These Changes Go into Effect?
While the changes to premium processing discussed above have been enacted into law, it still takes some time for these changes to actually get implemented. USCIS needs to develop policies and procedures in order to adopt all of the changes outlined in the new law. We’ll have to wait and see when USCIS announces that it is ready to implement the new law fully.
That said, all of the changes discussed above have the potential to significantly improve USCIS’s processes and a person’s ability to obtain timely immigration benefits.
Experienced Immigration Attorneys at Ashoori Law Can Help You Use Premium Processing for Your Immigration Application
My name is Michael Ashoori and I'm a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States. If you have any questions, feel free to schedule a free consultation by clicking this link.
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Posted in News and Updates, National Interest Waiver
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AN
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23:51 26 Dec 22
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09:12 14 Dec 22
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06:13 14 Dec 22
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04:04 14 Dec 22
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Leva Eghbali
20:50 06 Dec 22
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Molly Hagman
05:29 24 Nov 22
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Anatolii Makarov
03:38 24 Nov 22
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Glen Robinson
02:08 23 Nov 22
Fast and efficient lawyer
akbar pirani
15:22 22 Nov 22
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Sam Bourgi
00:58 22 Nov 22
I discovered Ashoori Law after doing research on U.S. visa and immigration programs for Canadians. I came across Michael Ashoori’s YouTube channel, which, in retrospect, has the best explainer videos for U.S. immigration on the internet. After... watching his videos for a few weeks, I set up a consultation with Ashoori Law and was immediately connected with attorneys Ehsan Mehri and Lorianne Cercenia.I came into this fairly knowledgeable about the U.S. immigration system and what program I wanted to pursue. After reviewing my situation during the initial consultation phase, Ehsan explained what programs I’m eligible for as a Canadian. Lorianne was assigned my case and got to know my unique situation. She then recommended a visa option I had no clue existed – and it saved me a lot of time, money and headaches.Over the next few months, Lorianne collected my documents, prepared my application and helped me build a strong case for my visa. She was always extremely responsive and knowledgeable about the immigration system. When I attended my interview at the U.S. consulate, my application was quickly approved. That’s because I was prepared for everything, and my supporting documentation was iron-clad.I can’t speak highly enough about Ashoori Law. They took the time to get to know me and gave me a solution that matches my current set of circumstances. Their customer service is unmatched, and their knowledge of the immigration system is top-notch. I was reassured from the very beginning that my application was in good hands.Overall, I’m extremely satisfied with the whole process. I got exactly what I wanted. I’ll be working with Ashoori Law for all my immigration needs moving forward. Thank you, Lorianne and team!read more
Oubai Al Hendi
18:34 20 Nov 22
Ashoori Law had helped me with my O1 application. I cannot thank Michael, Jonathan and Ehsan enough for their real and genuine advisory and assistance all the way from the first contact till approval. The approval that I could have in a record time... of 2 days after submission due to my profile and their work to show it in the right way to the officer. I highly recommend them for O1 tech startups applicants.read more
leena Alhelo
01:51 15 Nov 22
Great to work with! They explain everything in detail and made the process very easy and fast. highly recommended
Kay Qiao
20:27 08 Nov 22
Very efficient, very professional, very responsive. Can't be more appreciated with their dedicated team work. Thank you so much!!
Shane Teelucksingh
19:26 07 Nov 22
Researched quite a bit before eventually selecting Ashoori Law as my attorney partners and I'm happy that I did . They are responsive, helpful and guide you through the entire process. I had many questions, and they had the answers and all... challenges were quickly addressed. Lahaina led my particular journey and provided quick feedback all along the way. They have a competent team and their portal makes submitting documentation really simple while allowing you to review where you are in the process, which I personally found extremely useful. A very good blend of technology and proficiency. Would definitely recommend.read more
Shamzil Ramiz
07:57 07 Nov 22
Excellent response..
Sanket Shah
00:29 04 Nov 22
Ashoori law is a Fantastic law firm, They are very Professional and Knowledgeable specially Attorney : Lahaina Araneta. As soon as I signed on they got to work right away to start gethering all Details. Anytime I had questions Lahaina Araneta is... ready to give me quick Answer. I felt our case was in good hands. The team is very responsive and knowledgeable, and they work hard to keep up to date with all the latest changes in immigration law.Definitely we will use them Service again in Future.Highly recommend.read more
Krishna Mukkera
23:30 31 Oct 22
Provided excellent support/guidance on the I-90 renewal application. Strongly recommend them.
Fari Hamid
10:03 29 Oct 22
My family and I hired Ashore Law to consult with, and to handle our immigration case whilst our migration from Pakistan to the USA. Ashore Law proved to be completely professional, functional and delivered services without any problems or... complications arising throughout our process. Their staff is indeed highly trained, extremely courteous and thoroughly professional. Ashore Law represented our case, on our behalf, and they delivered what they promised. Our applications for US immigration (E2) made through Ashore Law were handled very well throughout the process, and my family and I faced no difficulties whatsoever. I would definitely highly recommend Ashore Law for E2 consultancy services any day!read more
Copier clearance center
22:04 28 Oct 22
Michael Ashoori from the Ashoori Law firm has changed our family's life! We were here in the USA on a E2 non immigration Visa and thought we would be stuck with the E2 visa with no chance of immigration! When we contacted Michael and told him our... situation, he listened and started a game plan for us right away with an EB5 immigration Visa, Today we checked USCIS website for case update and we were thrilled when we saw our case approval notice. WOW LIFE CHANGING!!! We definitely recommend Ashoori Law firm for all your immigration services.read more
Kalubi Fwanyanga
19:44 28 Oct 22
I retained Michael and team to help ease the process of filing and also just guide us so we do don’t experience any hurdles and sure enough, when submitting the paperwork, me and hubby forgot to append our signatures on one of the forms and Michael... and team immediately noticed before the forms were sent, the process went as smooth as it can be and guess what, after 3 months submitting the documents to uscis, I received my work permit and SSC and after 10 months into the processing period, we received my parole approve notice and a date for our interview appointment! To add a cherry to the cake, the team has availed itself for any questions and guidance to thoroughly prepare us for the interview! What higher manner of professionalism can be exhibited above this! The team is fully engaged and we are grateful.read more
Aidana Ibraeva
17:07 27 Oct 22
I don’t often write reviews, but in this case I just don’t want to miss the opportunity to write about these people who are really professionals and know their business very well.If you’re still doubting whether or not you should choose them, I... can assure you that you won’t be left disappointed.read more
SangJo Kang
22:57 26 Oct 22
Me and my wife applied for green card through Ashoori Law last December and our case were approved this October. I was in J-1 visa and applied NIW case. They really helped us out from the beginning, especially helping me writing the recommendation... letters. It seemed like their law firm had a lot of people who were very experienced and they answered all the questions that I had. They even had a backup strategy for me if my case was not approved after my visa was expired. I really appreciate all their hard work and kindness and I highly recommend others if they are seeking immigration to the US. I would definitely contact them when I need help for my immigration status.read more
alinafe joshua
18:38 26 Oct 22
Thank you so much! I can't tell you how much I appreciate the amazing legal work you did on my behalf. You and your team are so understanding, helpful and fast in doing things I recommend anyone who needs help to not hesitate but to contact you ASAP.
arshad mohammed
07:50 25 Oct 22
I am very happy and pleased to be writing this review. I came to know about Ashoori Law Firm through you tube videos and decided they are the best firm for my L1A petition, they proved my belief to be 100 percent right and got approval for my case... within five months on the first go. I thank the wonderful team who were very helpful and courteous during the entire process and helped me and answered all my queries promptly. I will be suggesting the firm to many of my friends who are willing to immigrate to The United states.read more
K and G Murphy
23:20 21 Oct 22
They were very patient in waiting for us to get everything we needed and made the process fast and easy. We didn’t even have to do an interview. My wife has a 10 year residency card and right to work. Thank you
Mike Latreille
19:49 20 Oct 22
Ashoori Law was the best choice I could have made for my immigrating from Canada to the US .. their legal team has been easy to work with …super efficient and very professional and always there when I needed guidance or direction..I am greatful for... there team and would highly recommend them to anyone looking for an immigration firm to represent them on their journey . A very special thanks to Michael Ashoori, Mathew Larsen and Jeser Romero.. for there attention to detail and impeccable professionalism .. Thanks again Michaelread more
Abdul Salman
17:59 19 Oct 22
Received EAD today. Ashoori have professional attorneys, they are very helpful and filing fees are affordable . Definitely recommend my family and friends. Hopefully I receive my Green card soon.
Sean Machii
05:23 19 Oct 22
Thank you for helping me to get the E2 visa. Ashoori Law team is professional and explain everything I need to know in detail. Highly recommend this law firm for E2 visa.
Eric Askerov
17:18 14 Oct 22
Ashoori Law is a law firm you can trust and be sure they won’t leave you alone with your problems. I’ve been working with a few other lawyers before, but they all are working with you only because of money and don’t really care about you and your... situation.I contacted Ashoori Law’s team with an urgent situation and they were able to take my case, get everything done super smooth and fast. Ashoori Law’s team is reliable, professional and easy to work with. They take care of everything, all you need to do is cooperate and provide necessary papers on time.I highly recommend the firm and specially Shruti, who was working on my case. Only 5 star!read more
Genx Solutions LLC
21:55 13 Oct 22
They handled my E2 process professionally. Collecting all the necessary documents were done systemically. I'm fully satisfied with the service. Michael review the file personally and answer any questions come up. Would recommend Ashoori Law office... with no doubt.read more
Frida Davidsson Art
19:39 13 Oct 22
I’m very happy I choose Ashoori law! They have been so helpful and very quick with responding! Whenever I have questions they really take their time to explain, and my case has been processed quicker expected! Everything has been going very smooth... without any issues. I strongly suggest Ashoori Law!read more
Hiitokiri
00:13 12 Oct 22
Milena she will take care of you in your case of the Mater. Experience and excellent service she explained everything in to easy detail...I give her 💯 top notch service if you have any questions she respond back fast efficient...quick and... easy process....and make it easy for you to process your paper work....thank you so much Milena OUSTANDING Work!!! Thanks Ashoori Lawread more
Guru
19:36 11 Oct 22
Excellent service extended by Lorianne & team @ Ashoori Law. Kudos.
Brian Tetreault
02:37 06 Oct 22
Fantastic experience with Ashoori Law. Michael and his team were methodical in their handling of our E2 case. Communication with the firm was excellent and all queries were responded to in a timely manner. I would highly recommend Ashoori Law.
Karen Brizuela
01:04 06 Oct 22
Michael and team thankyou very much!! Right and professional answers. you guys did the the job as we agree.. and we did get our E2 visa status.Abe Brizuela.
Winston Stewart
13:50 27 Sep 22
ashoori law took my case in April 2021. They made sure that everything was done correctly before fileing. upon receipt of the case we awaited uscis decision. our petition was approved august 2022. during this time period ashoori law was always... available for my concerns or questions. therefore without reservation I recommend ashoori law to anyone seeking professional legal services in the immigration field.read more
Allen Gibbons
20:02 24 Sep 22
They were informative and very professional. Got the case done smoothly and on time. I would highly recommend Ashoori Law Firm.
Michael Ashoori, Esq.
U.S. Immigration Lawyer
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.