USCIS Premium Processing Changes under HR 8337
Updates under HR 8337 introduce changes to USCIS premium processing, including fee increases to $2,500 for certain visa categories, expansion of premium processing to H4, L2, EAD, COS, and extensions, and regulations for determining premium processing fees. The bill aims to stabilize USCIS operations and prevent shutdowns until December 11, 2020.
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PREMIUM PROCESSING CHANGES HR 8337
AGENDA Background Premium Processing for H4, L2, EAD, COS, Extensions Premium Processing Fee increased to $2,500 for H1B, L1, I-140, Others Regulation to decide Premium Processing fee H4, L2, COS, EAD, Others Premium Processing Fee Limits, Processing Time Frames H4, L2, EAD Premium Processing Time Frame starts after Biometrics, Preerquisites Additional Premium Processing Provisions, Guidelines Next Steps - USCIS
BACKGROUND HR 8337 Stopgap bill aimed at funding federal agencies and prevent shutdown until December 11, 2020 Bill has a section called Emergency Stopgap USCIS Stabilization Act with many provisions related to USCIS Premium Processing Provision for adding Premium Processing for H, L visa holders dependents Provision for adding Premium Processing for Change of Status and other applications, including EAD Raises the current Premium Processing Fee for H1B Limits set on Premium Processing in this bill
PREMIUM PROCESSING FOR H4, L2, EAD, COS, EXTENSIONS The INA section 286(u) will be modified to include USCIS Premium Process for a variety of categories H4 & L2 Visa Holders: Will be able to file I-539 applications for COS or extensions under premium process EAD Applications COS & Extensions: Premium Processing will be available for general applications that are filed for COS and Extensions of Non-Immigrant Status. This covers a broad range of visa types that use Form I-539 that typically includes F1, H4, L2, F2, B1/B2, etc. Employment Based Green Card Applications: EB-1, EB-2, and EB-3 categories. Note that this will extend premium processing to EB-1C multinational executives and managers as well as EB-2 National Interest Waivers
PREMIUM PROCESSING FEE $2,500 Premium Processing Fee for H1B, L1, I-140 and other categories will be increased to $2,500 H2B and R-1 Premium Processing Fee will be $1,500 USCIS Regulation to decide Premium Processing Fee for H4, L2, EAD, COS, & Others Shall include a detailed methodology supporting the proposed premium fee amount
PREMIUM PROCESS FEE LIMITS, TIMES COS F, J, M: Fee not to exceed $1,750 and processing cannot exceed 30 days COS or Extension for Dependents of E-1/E-2, H, L, O, P, or R nonimmigrants: Fee not to exceed $1,750 and processing cannot exceed 30 days EAD: Fee not to exceed $1,500 and processing cannot exceed 30 days EB1-C & EB-2 NIW: Fee not to exceed $2,500 and processing cannot exceed 45 days
PREMIUM PROCESSING STARTS AFTER PRE-REQUISITES Premium Processing starts after the pre-requisites are met Example: Like biometrics for H4
ADDITIONAL PROVISIONS, GUIDELINES Fee revised once every 2 years May suspend Premium Processing if USCIS cannot meet deadlines USCIS must develop and implement processes to ensure that the availability of premium processing does not result in an increase in processing times for non- premium processing cases.
FUTURE PREMIUM PROCESSING Bill blanket statement for future Premium Processing of other forms, any other benefit type that secretary deems appropriate for premium processing . USCIS will update the new fee when it will go into effect