On September 30, 2020, the President signed the “Continuing Appropriations Act, 2021 and Other Extensions Act” (H.R.8337), which will fund USCIS and the government through December 11, 2020. One section of the Act entitled “Emergency Stopgap USCIS Stabilization Act” outlines an increase in USCIS premium processing fees, as well their expanded availability for other types of petitions and applications. These changes do not take effect immediately, as USCIS must properly implement any changes pursuant to federal law.
Most significant among the changes to be implemented is the increase of in the cost of Premium Processing from $1,440 to $2,500. This is a marked increase for those types of petitions which were already eligible for premium processing as of August 1, 2020. The premium processing fee was last increased on October 30, 2019 and implemented on December 2, 2019.
The chart below outlines some of the new types of applications which will eventually be eligible to for premium processing, as well as any changes to the fee amounts and the timelines by which USCIS will be required to respond to premium processing requests.
| Application/ petition type | Form | New Premium Processing Fee | Current Fee | New max days for USCIS to respond to PP request | Current max days for USCIS to respond to PP request |
| ALL non-immigrant (NIV) statuses (H-1B, E-3, L-1) (except for H-2B and R-1) | I-129 | $2,500 | NOT ALL NIV: $1,440 | 15 | 15 |
| Change of Status or Extension of Status request for dependents of NIV statuses E, O, H, L, P, R. | I-539 | $1,750 | Not available | 30 | Not available |
| Change of Status to F, J, or M status | I-539 | $1,750 | Not available | 30 | Not available |
| EB-1C (multinational managers and executives)/ EB-2 NIW | I-140 | $2,500 | Not Available | 45 | Not Available |
| EB-1A, EB-1B, EB-2 and EB-3 | I-140 | $2,500 | $1,440 | 15 | 15 |
| Employment Authorization | I-765 | $1,500 | Not Available | 30 | Not Available |
Within 180 days of being signed into law, the Act directs that DHS and USCIS provide reports and guidelines to Congress for a 5-year plan for USCIS to become completely electronic.
These changes are yet to be implemented by USCIS; therefore, any individual or company desiring to utilize premium processing should request it before the fee increases and changes to timelines take effect. Please contact Jackson and Hertogs should you or your company desire a consultation regarding premium processing. One of our attorneys will be happy to assist you.
