USCIS sent a proposed rule that could change premium-processing deadlines for federal review on October 13, 2026. The review is underway, but the current deadlines remain in effect.
The Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget, is examining the proposal under Executive Order 12866. The rule is listed as pending and has not been classified as economically significant.
USCIS has not made the proposal’s text public. Its filing scope and any replacement deadlines are still unknown. No change has taken effect.
Current filing deadlines remain in force
USCIS’s current Premium Processing service sets response periods according to the form and case category. The review itself does not change them.
| Filing or classification | Current response period |
|---|---|
| Most eligible classifications | 15 business days |
| Form I-765, Application for Employment Authorization | 30 business days |
| Form I-539, Application to Extend/Change Nonimmigrant Status, for specified changes to F-1, F-2, M-1, M-2, J-1 or J-2 status | 30 business days |
| Form I-140 E13 multinational executive and manager; E21 national interest waiver | 45 business days |
The eligible forms are Form I-129, Petition for a Nonimmigrant Worker; Form I-140, Immigrant Petition for Alien Workers; Form I-765; and Form I-539. The 30-business-day period for the specified I-539 changes applies after all prerequisites have been met.
A complete Form I-907 starts the response clock
USCIS starts the period after it receives a properly completed Form I-907, Request for Premium Processing Service, at the correct filing address. It must take an action within the applicable period.
That action can be an approval or denial, a notice of intent to deny, a request for evidence, or an investigation into fraud or misrepresentation. If USCIS requests a response to an RFE or NOID, the clock stops and resets when the agency receives the response.
Applicants and employers can continue filing under current requirements. USCIS advises them to monitor agency announcements and the Federal Register for the proposal’s publication.
The separate fee increase took effect in March
The pending timeline review is separate from USCIS’s inflation-adjusted fee change. The updated amounts apply to Form I-907 requests postmarked on or after March 1, 2026. USCIS rejects and returns requests with outdated fees.
| Form and category | Previous fee | Fee as of March 2026 |
|---|---|---|
| I-129: H-1B, L-1, O-1, TN, E | $2,805 | $2,965 |
| I-140: EB-1, EB-2, EB-3, NIW | $2,805 | $2,965 |
| I-129: H-2B, R-1 | $1,685 | $1,780 |
| I-539: eligible categories | $1,965 | $2,075 |
| I-765: F-1 OPT / STEM OPT | $1,685 | $1,780 |
The fee rule appeared in the Federal Register on January 12, 2026. It raised fees by an average of roughly 5.7 percent, based on inflation between June 2023 and June 2025. The USCIS Stabilization Act authorizes the biennial inflation adjustment.
The proposal leaves its scope and any longer waits unresolved
The rule’s text has not been made public, so applicants cannot yet determine which categories or forms it would cover. Some observers expect the government may seek longer deadlines. That remains speculation, and no specific change has been confirmed.
Premium-processing timelines have changed before. A rule effective May 31, 2022, introduced a 45-day period for certain petitions, including EB-1C multinational executive and manager cases and EB-2 National Interest Waiver petitions. A later rule, effective April 1, 2024, changed the calculation from calendar days to business days.
Regular processing in 2026 typically takes three to eight months for Form I-129, several months to over a year for Form I-140, and eight months or longer for Form I-539 change-of-status cases. Filing Form I-907 does not provide special cap benefits for H-1B, H-2B or certain H-3 classifications subject to annual numerical limits.
A published proposal would start the public comment stage
The review listing gives no deadline for OIRA to complete its examination. Once it concludes, the proposal is expected to appear in the Federal Register with an explanation of planned changes, their rationale and a possible implementation schedule.
A public comment period would follow, usually lasting 30 to 60 days. Applicants, employers, attorneys and advocacy groups could submit feedback, which the government would review before deciding whether to issue a final rule. The process can take several months.
Employers planning hires or transfers for next year may build in extra time if longer deadlines are eventually adopted. Processing times and fees are subject to change; verify at uscis.gov.
