A rule that would expand premium processing to additional benefit request types has cleared Office of Management and Budget (OMB) review.

Key Points:

  • The text of the rule is not yet available. OMB review is the last step in the rulemaking process before U.S. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register.
  • USCIS will post the text for public inspection at least a day before the rule is officially published.
  • The rule is classified as a “major rule.” These type of rules generally require a 60-day implementation delay from the date of publication.
  • USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type.

Background: In October 2020, Congress passed a funding bill that contained changes to premium processing, including increasing fees and giving USCIS authority to expand premium processing to additional petition types designated in the law. USCIS sent the rule for OMB review in December. BAL will continue monitoring the USCIS rule and will provide updated information as it becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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