U.S. Citizenship and Immigration Services (“USCIS”) announced this week that they will begin accepting requests for premium processing for change of status applications into F, M, or J statuses. Premium processing can drastically speed up the application process for those who are in the U.S. under other nonimmigrant statuses, such as visitors and skilled workers, and who are changing status to that of a student or exchange visitor.
What is Premium Processing?
For an additional fee, USCIS guarantees processing of the aforementioned immigration applications within 30 calendar days, which is significantly shorter than the regular timeline of between 5 and 13(!) months, according to USCIS’s own estimates as of this article’s date.
How Does Premium Processing Help?
Faster processing avoids immigration complexities caused by processing delays and helps applicants make important life decisions more effectively. Ask anyone who has filed a change of status (“COS”) application in recent years, and they will tell you about the months spent waiting for and stressing over USCIS’s decision.
Some would have their current nonimmigrant status end during the lengthy wait. While the pending COS application allows these applicants to stay in the U.S., they are not able to work or even attend their intended program until USCIS issues a decision.[1] If adjudication goes well beyond the program start date, applicant may need to work with their schools or sponsors to adjust.
Furthermore, important life decisions become difficult with application delays. If USCIS eventually denies the COS application for any reason, applicants are forced to scramble for an answer. They may decide to leave the U.S. and return under a new status, which incurs significant time and cost. They may be forced to leave the U.S. for good if they have no other options. Prudent applicants may try to preserve their stay in the U.S. by pursuing other immigration options, but this requires careful planning and opens up more complexities as applicants and their attorneys manage multiple concurrent immigration paths.
Premium processing can address those issues. If a COS application with premium processing is submitted early enough, applicants can get the answer early and make decisions before their current status expires.
How to Request for Premium Processing?
Premium processing requests are submitted via form I-907 along with a fee of $1,750.[2] If applicant already has a COS application pending with USCIS, they may submit the from and fee separately to USCIS starting June 13, 2023. If applicant has not yet filed a COS application, they can submit the form and fee together with the COS application starting June 26, 2023. The request can be submitted in paper or online.
Is There Any Downside to Premium Processing?
Aside from the significant fee, there are few occasions where USCIS fails to meet the premium processing deadline. These instances are rare; from our experience, USCIS has been fairly consistent with premium processing. However, as premium processing is expanded to new visa categories, agency staff may need time to familiarize with new processes.
If USCIS fails to meet premium processing deadline, they will return the fee. Historically, they would continue to expedite processing as much as possible.
Conclusion
We hope this information is helpful. Please contact us if you require immigration help or would like to know more. Shiao PLLC is an immigration firm based in Washington, D.C. that strives to keep its clients informed and empowered.
[1] In some circumstances, applicants are allowed to work for up to 240 days beyond the expiry of their previous status.
[2] For F, M, J. Fee varies for other visa types.