Yesterday, March 29, 2022, the Department of Homeland Security (DHS) announced a final rule, Implementation of the Emergency Stopgap USCIS Stabilization Act, that will expand premium processing service for Forms I-539, I-765 and certain EB-1 and EB-2 I-140s.
This rule is effective on May 31, 2022.
U.S. Citizenship and Immigration Services (USCIS) intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers EB-1 (multinational executive or manager) or EB-2 (member of professions with advanced degrees or exceptional ability seeking a national interest waiver).
USCIS took this action to align premium processing regulations with the Emergency Stopgap USCIS Stabilization Act, which amended the Immigration and Nationality Act (INA) by modifying USCIS’ authority to provide premium processing services and to establish and collect premium processing fees for those services.
Note that the USCIS Stabilization Act also established distinct premium processing fees and the authority to establish distinct premium processing timeframes based upon the specific immigration benefit request. With respect to an immigration benefit type designated for premium processing before August 1, 2020, the premium fee was set at $2,500, except that the premium fee for petitioners filing Form I–129 requesting H–2B or R–1 nonimmigrant status was set at $1,500.
Listed below are the premium processing timeframes and USCIS fees for the newly expanded premium processing for Forms I-539, I-765 & certain I-140s. Note that the processing timeframes and USCIS fees will vary depending on the visa type.
| VISA TYPE | USCIS FEE | PROCESSING TIMEFRAME |
| 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). | $2,500.00 | 45 days |
| Form I–539 requesting a change ofstatus 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–2nonimmigrant status. | $1,750.00 | 30 days |
| Form I–765 requesting employmentauthorization. | $1,500.00 | 30 days |
HSD Immigration will continue to monitor the expansion of premium processing serviceand provide updates, as necessary. If you have any questions about this recent development or need assistance with any type of immigration matter, please contact HSD Immigration via phone [(312) 291 1234] or email