USCIS Announces New Actions to Reduce Backlogs and Expand Premium Processing
USCIS has announced new plans to increase efficiency in the legal immigration system, including new agency-wide backlog reduction goals, the planned expansion of premium processing service, and actions to improve timely access to employment authorization documents (EADs).
Expansion of Premium Processing
As part of this initiative, USCIS has released an advanced copy of a Final Regulation to be published on March 30, 2022, which expands the categories of forms ultimately eligible for premium processing service, including Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization, and additional classifications under Form I-140, EB-1C Multinational Manager and National Interest Waiver (NIW) petitions.
The rule will become effective 60 days after publication in the Federal Register, however, USCIS intends to use a phased approach to expand premium processing availability in fiscal year 2022, beginning with the additional I-140 Classifications and certain categories of Forms I-539 and I-765 filings. These include Form I-539 where the applicant is requesting a change of status to F, J ,or M and Form I-765 for J exchange visitors and F-1 students applying for Optional Practical Training (OPT).
The remaining categories of Forms I-539 and I-765 will not be immediately eligible for Premium Processing under the new rule but will be phased in by fiscal year 2025. It is not yet clear, however, which categories of I-765 will ultimately be eligible for Premium Processing as the agency has indicated it does not plan to expand premium processing to all categories of I-765 filings or EADs.
USCIS also established varying Processing Times and Fees for the different categories as follows:
Premium Processing for Form I-140 under the EB-1C Manager/Executive or EB-2 NIW categories will require a fee of $2,500 and will have an adjudication time of 45 days.
Premium Processing for Form I-539 will require a fee of $1,750 and will have an adjudication time of 30 days.
Premium Processing for Form I-765 will require a fee of $1,500 and will have an adjudication time of 30 days.
New Cycle Time Goals
In addition to the phased expansion of Premium Process service, USCIS is working toward reducing adjudication backlogs by implementing internal “Cycle Time” goals (a metric by which USCIS monitors how many months’ worth of pending cases for a particular form are awaiting a decision, generally comparable to the agency’s publicly posted median processing times).
Improving Access to Employment Authorization Documents
USCIS also announced that the agency continues to make progress toward expanding the automatic extension of Form I-765 employment authorization for certain renewal applicants to ensure these individuals will not lose their work authorization status while their applications are pending.
D&S will closely monitor these initiatives and will provide further guidance as it becomes available.