Citizenship and Immigration Serves (USCIS) the authority to “suspend the availability of premium processing for immigration benefit requests designated for premium processing if circumstances prevent the completion of processing of a significant number of such requests within the applicable processing timeframe.” 8 C.F.R. The effective date of the final rule is May 31, 2022. When will premium processing be available? The below chart outlines the fees and processing times for the newly announced premium processing categories. Our team outlined previous policy changes which expanded opportunities for employers to attract STEM and entrepreneurial talent.īelow we provide a chart summarizing the expansion of Premium Processing and answer important questions regarding its implementation and impact. Quarles & Brady outlined the Administration’s November 2021 policy providing automatic employment authorization extensions for nonimmigrant dependent spouses and recognizing employment authorization "incident to status" for certain nonimmigrant dependent spouses.Īdditionally, the expansion of Premium Processing availability for Multinational Manager EB-1C Immigrant Petitions (green card) continues the Administration’s efforts to provide greater opportunities for employers to retain top talent. Importantly, the final rule’s expansion of Premium Processing to Nonimmigrant Dependent Visa Applications and Employment Authorization Document Applications is a continuation of the Administration’s efforts to address long processing delays for nonimmigrant spouses to receive employment authorization, which has had a disparate effect on women. The final rule implements statutory changes made by the Emergency Stopgap USCIS Stabilization Act. Normal processing times without Premium Processing can be months or even years. Premium Processing is a program that allows employers or employees to pay an additional filing fee for the Immigration Service to take initial action on the petition or application within 15 to 45 days. Today, March 30, 2022, the Department of Homeland Security (DHS) published a final rule expanding premium processing for multinational managers, advanced degree holders seeking a national interest waiver, nonimmigrant dependents, and EAD applicants.
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