The Department of Homeland Security (DHS) proposed changes to the timeline for premium processing for petitions of immigrant employees. U.S. Citizenship and Immigration Services (USCIS) sent the proposal to the White House Office of Information and Regulatory Affairs (OIRA) for review on October 13, 2026. If accepted, the proposal changes the timeline of expedited processing for immigrant employee petitions. The exact details of the proposed changes are unclear but will be published after passing the initial OIRA review.
The rule is currently being reviewed in accordance with Executive Order 12866 and is not regarded as being of economic significance.
How Premium Processing Works Today
Premium processing is optional; if you file Form I-907 and pay an extra fee, USCIS agrees to deal with your case within a certain number of business days. This action could take the form of an approval, a denial, a request for evidence, or a notice of intent to deny. However, the fee does not ensure that your application will be approved.
At the moment, the premium processing times are 15, 30, or 45 business days, the exact length depending on the form and the category. The majority of eligible I-129 and I-140 petitions are dealt with in 15 business days. Petitions for EB-1C multinational managers and for EB-2 National Interest Waivers have a 45-day processing period. Since March 1, 2026, the fees have varied between $1,780 and $2,965 according to the type of case.
The USCIS last updated its processing time frame in 2024, switching from calendar days to business days.
Why People Are Watching This One
It is not stated in the rule’s title whether the time frames will be extended or shortened. Since USCIS has lately missed its premium deadline more often, many practitioners expect the time frames to be longer. Yet it will not be possible to tell what the impact will be until the proposed text is released.
What Comes Next
OIRA does not have a fixed deadline for completing its review; when the review has been finished, the DHS may publish the proposal in the Federal Register, and the public will then usually have 30 to 60 days during which to comment before a final rule is issued. For now, the existing premium processing time frames stay in effect.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.