USCIS Premium Processing Rule Under Review: What H-1B and Green Card Applicants Need to Know

The U.S. government has begun revising a proposed rule to change USCIS premium processing timeframes, a move that could affect how quickly H-1B workers, green card applicants and their employers receive decisions on their cases. Nothing changes for now. The current deadlines remain in place until the government publishes a draft rule and then finalizes it. Here’s what’s known so far.

What is the new premium processing proposal?

The proposal is entitled “Change to premium processing time frame”. It was sent for federal regulatory review on October 13, 2026 and is listed as a pending action. The Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget (OMB), is reviewing it under Executive Order 12866, which governs how federal regulations are reviewed. The rule was not classified as economically significant.

The text of the rule has not been published. This means that it is still unclear which categories or forms of visa it applies to and how the deadlines may change.

How does premium processing work today?

Premium processing is an optional USCIS service. Employers and foreign nationals pay a surcharge in exchange for guaranteed faster adjudication of eligible petitions and applications. Depending on the benefit requested, USCIS must act within 15, 30, or 45 business days.

Many employers sponsoring H-1B workers use it, as do applicants in some employment-based green card categories when the timing of employment, travel, or change of status matters.

Will H-1B and Green Card processing times change now?

The proposal entering regulatory review does not change any current deadline. Applicants should continue to file under the existing rules. Premium processing requests will be processed in today’s time frames until the final rule goes into effect.

Some observers expect the government may try to extend the existing deadlines. However, until the text is published, this is only speculation and no concrete change has been confirmed.

Has USCIS previously changed premium processing timelines?

The dates have been moved twice in recent years. The 2024 Fee Rule, which went into effect on April 1, 2024, changed the premium processing deadlines from calendar days to business days. Previously, the rule, effective May 31, 2022, imposed a 45-day deadline for some petitions. These were EB-1C petitions for multinational executives and managers and EB-2 National Interest Waiver (NIW) petitions.

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What happens next in the rulemaking process?

Once OIRA completes its review, the proposed rule is expected to appear in the Federal Register. The notification would explain the planned changes, the reasons for them and a possible timetable for their implementation. The public list does not specify a deadline for the inspection itself.

A public comment period would follow, typically lasting 30 to 60 days. During this time, applicants, employers, lawyers and advocacy groups can submit feedback. The government will then consider the comments before deciding whether to issue a final rule, a process that could take several months.

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What should applicants and employers do now?

For now, carry on as usual. File petitions according to current rules, use premium processing where it helps, and monitor Federal Register and USCIS notices for the published proposal. Employers planning hires or moves for next year may want to factor in more time if longer timeframes are eventually adopted.