Premium processing expansion under OMB review

U.S. Citizenship and Immigration Services (USCIS) has sent a rule that will expand premium processing to additional benefit request types to the Office of Management and Budget (OMB) for review. The text of the rule is not yet available.

Key Points:

• OMB review is the last step in the rulemaking process before the agency can publish the rule.
• USCIS will post the text for public inspection at least a day before officially publishing the rule in the Federal Register.
• The rule is classified as a “Final Rule,” which means a full notice-and-comment period is not expected. It is not yet known when the rule will take effect.

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. 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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