USCIS Taking Steps to Reduce Backlog, Including Allowing Premium Processing in More Types of Cases

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Due to the COVID-19 pandemic and resource constraints resulting from the previous administration, USCIS inherited a significant number of pending cases and increased processing times. To address these issues, on March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced several efforts they will be implementing to increase efficiency and reduce caseloads and processing times. These efforts will include setting new agency-wide backlog reduction goals, expanding premium processing to additional form types, and working to improve timely access to employment authorization documents. Following this announcement, on March 30, 2022, USCIS published the final rule “Implementation of the Emergency Stopgap USCIS Stabilization Act.” The highlights of the final rule include: 

  • Sets the premium processing fee schedule at: 

    • $2,500 for most EB petitions including H-1B and O (this is what the current PP fee is) 

    • $1,750 for change of status to F, M, or J and change of status to E, H, L, O, P, or R dependent 

    • $1,500 for I-765 EAD application 

  • Sets premium processing timeframes at (business days): 

    • 15 days for most apps and petitions including I-129s and I-140s 

    • 30 days for COS to F, J, M, or to E, H, L, O, P, or R dependent 

    • 30 days for I-765 EAD applications 

The expanded premium processing has not yet been implemented by USCIS, however.  Iandoli Desai and Cronin is monitoring and will provide updates when such expanded options are available. 

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