USCIS Premium Processing Program Subject to New Rule in Federal Register from the DHS


Last week, the Department of Homeland Security (DHS) proposed a Rule in the Federal Register that could drastically change the premium processing program and cause delays in the otherwise timely adjudication of employer-based immigrant and non-immigrant worker petitions.

What Is Premium Processing?

Premium processing provides expedited servicing of application for certain employment-based petitions and applications. By expedited processing, USCIS guarantees a 15-calendar day processing to those petitioners or applicants for a fee of $1,440. If USCIS fails to adjudicate the petitioner or applications within the time frame, USCIS refunds the fees, but still treats the petition as premium.

What Does the DHS Want to Change?

15 “Calendar” Days to 15 “Business” Days

The DHS proposes to