USCIS premium processing rule under review: What H-1B and green card applicants need to know

A proposed change to USCIS premium processing has entered White House review, raising fresh questions for H-1B and green card applicants. Here's what we know so far.

The US government has begun reviewing a proposed rule to change USCIS premium processing timeframes, a move that could affect how quickly H-1B workers, green card applicants, and their employers get decisions on their cases. For now, nothing changes. Current deadlines stay in place until the government publishes a proposed rule and then finalises it. Here's what's known so far.

What is the new premium processing proposal?

The proposal is titled "Amending the Premium Processing Timeframe". It was sent for federal regulatory review on 13 October 2026 and is listed as a pending action. The Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget (OMB), is reviewing it under Executive Order 12866, which governs how federal regulations are reviewed. The rule has not been classified as economically significant.

The text of the rule has not been made public. That means it's still unclear which visa categories or forms it covers, and how the deadlines might change.

How does premium processing work today?

Premium processing is an optional USCIS service. Employers and foreign nationals pay an extra fee in exchange for a guaranteed faster decision on eligible petitions and applications. Depending on the benefit requested, USCIS must act within 15, 30, or 45 business days.

Many employers sponsoring H-1B workers use it, as do applicants in some employment-based green card categories, when timing matters for a job start, travel, or a change of status.

Will H-1B and green card processing times change now?

A proposal entering regulatory review does not change any current deadline. Applicants should keep filing under the existing rules. The premium processing requests will be handled within today's timeframes until a final rule takes effect.

Some observers expect the government may try to extend the current timelines. Until the text is published, though, that's only speculation, and no specific change has been confirmed.

Has USCIS changed premium processing timelines before?

The deadlines have shifted twice in recent years. A 2024 fee rule, which took effect on 1 April 2024, changed premium processing deadlines from calendar days to business days. Before that, a rule effective from 31 May 2022 introduced a 45-day timeframe for certain petitions. Those included EB-1C petitions for multinational executives and managers, and EB-2 National Interest Waiver (NIW) petitions.

What happens next in the rulemaking process?

Once OIRA finishes its review, the proposed rule is expected to appear in the Federal Register. The notice would explain the planned changes, the reasons for them, and a possible timeline for putting them in place. The public listing doesn't give a deadline for the review itself.

A public comment period would follow, usually lasting 30 to 60 days. During that time, applicants, employers, attorneys, and advocacy groups can submit feedback. The government will then review the comments before deciding whether to issue a final rule, and the whole process can take several months.

What should applicants and employers do now?

For now, carry on as normal. File petitions under the current rules, use premium processing where it helps, and keep an eye on the Federal Register and USCIS announcements for the published proposal. Employers planning hires or transfers for next year may want to build in extra time, in case longer timeframes are eventually adopted.

About the Author

Aachal Maniyar is a Senior Content Producer at LiveMint, where she covers US sports with a focus on major leagues, marquee events, and athlete-driven stories, while also reporting extensively on cricket and global sports. With over five years of first-hand journalism experience, she combines sharp editorial judgment with real-time sports storytelling across platforms. <br><br> Her reporting journey spans leading newsrooms including Thomson Reuters, India TV, BTVI, ET NOW, and CNBC TV18, where she has worked across breaking news, live match coverage, feature writing, interviews, video scripting, and anchoring. This multi-platform exposure has shaped her ability to deliver context-rich sports and business journalism tailored for both television and digital audiences. <br><br> Aachal has conducted and produced exclusive interviews with athletes and public figures such as India cricketer Dhruv Jurel, Indian women’s hockey captain Savita Punia, and industrialist Ratan Tata, along with several emerging and established sports personalities. Her body of work includes in-depth explainers, athlete profiles, emotionally resonant fan narratives, and data-backed match analysis across cricket, Olympic sports, and international competitions. <br><br> She holds a Master’s degree in Journalism from Symbiosis Institute of Media and Communication, Pune, and believes in reporting that is grounded in accuracy, clarity, and credibility. Her philosophy is simple: sports journalism should go beyond scores and statistics, capturing the human stories, pressure moments, and decisions that shape the game and the people who play it.