DHS Weighs Longer Premium Processing Timelines for Immigration Applications
The U.S. Department of Homeland Security is considering changes to the premium processing timelines for certain immigration applications, a proposal that could extend the time applicants must wait for a decision.
The proposed regulation is under review by the Office of Management and Budget. Details of the proposal have not been made public, but it could lengthen the existing processing deadlines for applications handled by U.S. Citizenship and Immigration Services.
Under current rules, premium processing timelines are 15, 30 or 45 business days, depending on the type of immigration benefit requested.
Once the proposal clears federal review, it will be published in the Federal Register for public comment, generally for 30 to 60 days. The changes would not take effect until the regulation is finalized, a process that could take several months.
USCIS offers premium processing for certain immigration applications for an additional fee ranging from $1,780 to $2,965, depending on the case type. The service provides expedited adjudication within a designated timeframe. During that period, the agency must take an eligible action, which may include issuing a decision, a request for evidence or a notice of intent to deny.
Premium processing is available for Form I-140 immigrant petitions for certain employment-based categories, most Form I-129 petitions for temporary workers, and eligible Form I-765 employment authorization applications and Form I-539 applications to change or extend nonimmigrant status.
Current processing timelines vary by application type. Form I-140 petitions for multinational managers or executives under the EB-1C category and national interest waivers under the EB-2 category have a 45-business-day timeframe. Employment authorization applications filed by F-1 students seeking optional practical training, as well as certain Form I-539 applications to change status to F, M or J classifications, have a 30-business-day timeframe.
Other eligible Form I-140 petitions and Form I-129 petitions generally have a 15-business-day timeframe.
USCIS last increased premium processing fees in March 2026 as part of a biennial inflation adjustment.
The proposal’s specific provisions will become clear when it is published. The public comment period will give employers, immigration professionals and other stakeholders an opportunity to provide feedback on the potential effects of the changes.