The Office of Management and Budget (OMB) is reviewing a USCIS proposal that would amend the premium processing timeframes the agency promises for expedited decisions, according to the federal regulatory review dashboard.
The entry, RIN 1615-AD25, is titled “Amending the Premium Processing Timeframe.” It is listed as a proposed rule and as “pending review” as of October 13, 2026, on RegInfo.gov, the OMB’s public tracking site. That stage means the rule has been drafted and sent to the White House for review; it has not yet been published in the Federal Register and is not open for public comment.
Premium processing is USCIS’s optional expedited service: for an additional fee, the agency guarantees a decision — or a Request for Evidence or Notice of Intent to Deny — within a set number of business days. The current timeframes are 15, 30 or 45 business days depending on the immigration benefit. The service is available for Form I-140 immigrant petitions, most Form I-129 nonimmigrant petitions (including H-1B extensions), and certain Forms I-765 and I-539. Premium processing fees range from about $1,780 to $2,965, and USCIS last adjusted them in early 2026 through its biennial inflation process.
The title confirms only that USCIS intends to change the timeframes. It does not say whether the agency would lengthen or shorten them, and the specifics will not be known until the proposed rule is published for comment. Immigration attorneys have said a longer guaranteed timeframe would mean employers and applicants wait more business days after paying the premium fee before they get an answer.
For readers of the employment-based categories — H-1B, EB-2 NIW, EB-1A and EB-2 — premium processing is often used to shorten the wait on an I-140 immigrant petition or an H-1B extension. Because the rule is still under review, nothing changes today: the current premium processing timeframes and fees remain in place until any new rule is finalized.
Once the proposal clears OMB review it will be published in the Federal Register, generally with a 30- to 60-day comment period, and it would not take effect until the rule is finalized — a process that can take months. The desk will cover the published proposal when it appears.
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Source: Office of Management and Budget, RegInfo.gov (RIN 1615-AD25)