USCIS premium processing rule under review: What H-1B and green card applicants need to know

The US government has begun reviewing 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 get decisions on their cases. For now, nothing changes. Current deadlines stay in place until the government publishes a proposed rule and then finalises it. Here’s what’s known so far.

What is the new premium processing proposal?

The proposal is titled “Amending the Premium Processing Timeframe”. It was sent for federal regulatory review on 13 October 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 has not been classified as economically significant.

The text of the rule has not been made public. That means it’s still unclear which visa categories or forms it covers, and how the deadlines might change.

How does premium processing work today?

Premium processing is an optional USCIS service. Employers and foreign nationals pay an extra fee in exchange for a guaranteed faster decision on 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 timing matters for a job start, travel, or a change of status.

Will H-1B and green card processing times change now?

A proposal entering regulatory review does not change any current deadline. Applicants should keep filing under the existing rules. The premium processing requests will be handled within today’s timeframes until a final rule takes effect.

Some observers expect the government may try to extend the current timelines. Until the text is published, though, that’s only speculation, and no specific change has been confirmed.

Has USCIS changed premium processing timelines before?

The deadlines have shifted twice in recent years. A 2024 fee rule, which took effect on 1 April 2024, changed premium processing deadlines from calendar days to business days. Before that, a rule effective from 31 May 2022 introduced a 45-day timeframe for certain petitions. Those included EB-1C petitions for multinational executives and managers, and EB-2 National Interest Waiver (NIW) petitions.

What happens next in the rulemaking process?

Once OIRA finishes its review, the proposed rule is expected to appear in the Federal Register. The notice would explain the planned changes, the reasons for them, and a possible timeline for putting them in place. The public listing doesn’t give a deadline for the review itself.

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

What should applicants and employers do now?

For now, carry on as normal. File petitions under the current rules, use premium processing where it helps, and keep an eye on the Federal Register and USCIS announcements for the published proposal. Employers planning hires or transfers for next year may want to build in extra time, in case longer timeframes are eventually adopted.