USCIS Reportedly Not Following Premium Processing Timelines

 

Immigration attorneys are reporting that USCIS has not been adjudicating petitions within the “guaranteed” timelines under the premium processing service.

The premium processing program is an optional USCIS service that allows applicants to request expedited processing for certain benefits at an additional government filing fee. To request this service, applicants must properly file Form I-907, Request for Premium Processing Service, either concurrently with the petition or after the petition has been filed and remains pending.

The forms currently eligible for premium processing include Form I-129, Form I-140, Form I-765 for certain types of EADs, and Form I-539 for certain visa categories. The filing fees vary depending on the form type and classification requested.

Here’s a chart for easy reference:

 
 

If premium processing is requested, USCIS is expected to take adjudicative action on the petition within a certain number of business days.  The processing timelines are as follows:

  • 15 business days for I-129s and I-140s except for those listed below;

  • 30 business days for Form I-765;

  • 30 business days for Form I-539 (specifically if requesting a change of status to F-1, F-2, M-1, M-2, J-1 or J-2 nonimmigrant status once all prerequisites have been met); and

  • 45 business days for Form I-140 for EB-1C international executives and managers) and EB-2 National Interest Waivers. 

Recent trends suggest USCIS is increasingly taking longer to adjudicate petitions and applications filed with premium processing. According to USCIS policy, if they fail to take adjudicative action within the applicable timeline, applicants are entitled to a full refund of the premium processing fee. However, there also have been reports of delays in issuing such refunds.

Immigration attorneys have further reported that when they email the Premium Processing Units about their pending cases that have exceeded the “guaranteed” processing timeline, USCIS responds that they are conducting further review of the case and cannot provide a timeframe for completion of this additional review.  The American Immigration Lawyers Association (AILA) is tracking this trend to potentially escalate this issue to USCIS leadership. 

Given how recent this development is, it is unclear how much additional time USCIS is taking to adjudicate the petition after the "guaranteed" timeline has passed. In our practice, we are seeing approvals approximately two weeks after the guaranteed timeline has passed.  We will continue to monitor developments regarding premium processing delays and keep you updated.

 
Nadia Yakoob