Congress Passes Major Changes to Premium Processing

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.)
youtube-video-thumbnail
Subscribe to our YouTube Channel

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.

Share this post...

Posted in ,
Search
Request A Consultation
Excellent
Ashoori Law
Based on 843 reviews
Claudia M.
Outstanding services!
The team at Ashoori Law and their lawyer's overseas were very supportive. They provided me with any information I needed around the clock, walked me through the process and were with me every step of the way.

Thank you!
I'll definately use your services again in the future.
Sairam S.
Helped us every step of the way with our reentry permit. Very professional staff, courteous and quick to follow up.
Shah T.
Your dedication and hard work have been instrumental in the successful completion of this project.to amendment E2. Your contributions have been invaluable, and your positive attitude is inspiring. Thank you for your exceptional efforts." Really ap
Thanks to Michael Ashoori and his team
Specially Cristina casa Blanca and Patricia who did Business plan is extremely did hardworking.
Tejas shah
Mike F.
The Visa process can be very lengthy. Having our attorney Ryan Knight walk us through the process certainly made everything easier.
Gautam P.
My green card journey with this firm and particularly with the lawyer they assigned to my case is topnotch. They are very prompt, timely and professional in building my application and getting it approved.
priya D.
We had an incredible experience working with Ashoori Law for our E2 visa application and we got approved. Shruti Bali, was our assigned attorney, she was exceptionally knowledgeable and supportive throughout the process. Nicole, our franchise consultant, provided amazing guidance in helping us choose the right business path and was a great support from start to finish. Patricia crafted a thorough and professional business plan that was instrumental to our approval. Special thanks to Ehsan, who coordinated everything seamlessly — making what could have been a stressful journey feel smooth and stress-free. We’re truly grateful to the entire team at Ashoori Law for helping us achieve this milestone! We will be using them for our future needs and also already started recommending to our friends.
Engr Sarfaraz M.
Ashoori Law is the best company for immigration visa
I able to get visa within 6 months
I received visa and quickly support before interview and after interview
The Ashoori Law makes me so happy
Pratik P.
I would like to thank Ashoori Law for the approval I just received for my E2 visa. My file was factually and personally complicated, but due to my assigned attorney, Mr. Pardeep Singh’s, diligence, attention to detail, patience, and expertise, he was able to put together an outstanding application. His professionalism continued all the way through to preparing me for the interview and having the benefit of watching Michael Ashoori’s E2 interview prep YouTube video was also extremely helpful. To anyone thinking about filing for any type of visa application, I strongly recommend hiring Ashoori Law. They get results!
Shahab A.
I am incredibly grateful for the exceptional support I received from this law office. From the very first call, they showed genuine sympathy and understanding of my situation, which made me feel truly cared for. Every time I reached out, Mr.Ehsan Mehri answered promptly and patiently, always taking the time to explain things clearly and guide me through each step. His constant presence and reassurance made a huge difference during a stressful time - it felt like he were right beside us, every step of the way. I highly recommend his services to anyone looking for not just professional expertise, but also heartfelt compassion and unwavering support.
Christine C.
Ashoori Law helped me with my E2 application approval. Cristina, my lawyer, is very patient in answering all my questions and in guiding me through the process. She really knows this field very well. Ashoori also recommended the best services from Business Plan to Business Registration. The money you spent with them is all worth it.
Request A Consultation
Michael Ashoori Headshot

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.

Request A Consultation