USCIS Premium Processing Expansion 2022


  1. Possible implementation date: June 1, 2022

  2. Case Types: I-765s, I-539s (F-1, M-1, Js, H-4s, E-2 dep, L-2s etc.)

  3. Fees: Note in the Table Below:

Form Number 

Description of Eligible Applications



Form I-140 

EB-1 – Multinational Executive or Manager (EB-1C)

EB-2 – Members of Professions with Advanced Degrees or Exceptional Ability Seeking a National Interest Waiver (EB-2 NIW)


45 days

Form I-539 

Change of Status Request to: F-1, F-2, J-1, J-2, M-1, or M-2


Change of Status to or Extension of Stay in: E-1, E-2, E-3, H-4, L-2, O-3, P-4, or R-2


30 days

Form I-765 

Request for Employment Authorization


30 days


DHS anticipates a phased implementation approach. DHS has indicated that it 


  1. Hopes to expand premium processing to the additional Form I-140 visa classifications listed above in FY 2022.
  2. Regarding Form I-539, USCIS anticipates accepting premium processing requests from F–1, F–2, J–1, J–2, M–1 and M–2 applicants in FY 2022 and from E–1, E–2, E–3, L–2, H–4, O–3, P–4 and R–2 applicants in FY 2025.
  3. Thus, DHS has indicated it will prioritize premium processing for students applying for Optional Practical Training (OPT) and Exchange Visitors beginning in FY 2022,
  4. While others who require an Employment Authorization Document may have to wait until FY 2025 so that USCIS has sufficient time to gather revenue to cover potential costs without adversely affecting the processing time for other benefits.
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