On March 30, 2022, USCIS published a final rule in the Federal Register that enables USCIS to designate additional types of petitions and applications for premium processing.  The final rule goes into effect on May 31, 2022. USCIS intends to phase in premium processing for these additional forms throughout the rest of FY 2022. USCIS will announce on its official website those requests for which premium processing of designated benefits is available, the dates when such availability commences or ends, and any conditions that may apply.  The final rule also establishes premium processing fees and timelines as follows:

• Form I–140 requesting EB–1 immigrant classification as a multinational executive or manager or EB–2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Fee: $2,500. Timeframe: 45 days;

• Form I–539 requesting a change of status to F–1, F–2, J–1, J–2, M–1, or M– 2 nonimmigrant status or a change of status to or extension of stay in E–1, E– 2, E–3, H–4, L–2, O–3, P–4, or R–2 nonimmigrant status. Fee: $1,750. Timeframe: 30 days; and

• Form I–765 requesting employment authorization. Fee: $1,500. Timeframe: 30 days.

Please note that USCIS has not yet indicated when premium processing will be available for each of these form types; nor has USCIS yet determined which I-765 categories will be eligible for premium processing.  Stay tuned for additional information!