August 9, 2022

Volume XII, Number 221

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August 08, 2022

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USCIS Premium Processing Fees: Bad News, Good News

Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will fund the government until December 11, 2020. The changes are meant to provide additional funding to USCIS to bolster its operations and improve adjudication times and customer service.

The premium processing fee for cases that are currently eligible for the service will increase from $1,440 to $2,500 — except for H-2B and R (religious worker) petitions, which are set at $1,500.

The new benefit types that will be able to take advantage of premium processing include those listed below. The fees have a “ceiling” amount and have not yet been set. Further, each type of case will have different processing times. Before premium processing for new benefit types go into effect, USCIS must issue regulations setting out the specific fees and the specific adjudication times.

  • EB-1 petitions for multinational executives and managers and EB-2 petitions for those seeking national interest waivers

    • Fee ceiling of $2,500

    • Processing time must be fewer than 45 days

  • Applications to change nonimmigrant status to F, J, or M

    • Fee ceiling of $1,750

    • Processing time must be fewer than 30 days

  • Applications to change or extend status as the dependent of an E, H, L, O, P, or R visa holder

    • Fee ceiling of $1,750

    • Processing time must be fewer than 30 days

  • Applications for employment authorization

    • Fee ceiling of $1,500

    • Processing time must be fewer than 30 days

USCIS is to provide further information before the new fees are implemented. 

Jackson Lewis P.C. © 2022National Law Review, Volume X, Number 279
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Amy Peck Immigration Attorney Jackson Lewis
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National...

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Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
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Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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