DHS on New Premium Processing

The Division of Homeland Safety set out the specifics in regards to the upcoming new premium processing advantages within the Federal Register on March 30, 2022. The small print, nonetheless, didn’t embrace any particular implementation dates, which it stated relies upon on when the revenues exist to cowl potential prices.

The plan is to make premium processing available for extra Kind I-140 petitioners and for Kind I-539 and I-765 candidates:

  • Kind I-140 requesting EB-1 immigrant classification as a multinational government of supervisor or EB-2 immigrant classification as a member of the professions with a sophisticated diploma or distinctive skill looking for a nationwide curiosity waiver

    • Price: $2,500

    • Timeframe: 45 days

  • Kind I-539 requesting a change of standing to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant standing or a change of standing or extension of keep in E-1, E-2, E-3, H-4, L-2, O-3, P-4, or R-2 nonimmigrant standing

    • Price: $1,750

    • Timeframe: 30 days

  • Kind I-765 requesting employment authorization

    • Price: $1,500

    • Timeframe: 30 days

DHS pressured that, whereas the rule will change into efficient on Might 31, 2022, “[t]he availability [of premium processing] will be announced by USCIS in accordance with DHS premium processing regulations and will become available as stated at that time.” USCIS will preserve the flexibleness to speak:

  • Which requests for premium processing can be found at any time;

  • The dates upon which availability commences and ends; and

  • Any situations which will apply, together with the potential of establishing numerical limitations and suspending premium processing when mandatory.

In keeping with DHS, the brand new premium processing will probably be implement when the revenues exist to cowl potential prices (resembling hiring extra employees) with out adversely affecting different processing instances. DHS will effectuate the brand new advantages “as soon as feasible.” Some will doubtless be accessible in FY 2022, however others might not change into accessible till 2025.

Jackson Lewis attorneys will present updates as they change into accessible.

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