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

The US government is currently reviewing a proposed rule that could alter the timeframe for USCIS premium processing, a service that offers faster decision-making for certain H-1B workers and green card applicants. The proposed rule, titled "Amending the Premium Processing Timeframe," was submitted to the Office of Information and Regulatory Affairs (OIRA) on October 13, 2026, for federal regulatory review.

However, the text of the rule has not been made public, and it remains unclear which visa categories or forms it would impact or how the deadlines might change.

Premium processing is an optional service where employers and foreign nationals pay an additional fee for a guaranteed quicker decision on eligible petitions and applications within 15, 30, or 45 business days, depending on the benefit requested. Many employers who sponsor H-1B workers and applicants in certain employment-based green card categories use this service, particularly when timing is critical for job start, travel, or a change of status.

Currently, nothing changes, as the rule has not been classified as economically significant and OIRA is still reviewing it. The proposed rule must be published in the Federal Register, followed by a public comment period of 30 to 60 days, before a final rule can be issued. Employers and applicants planning to use premium processing in the near future should continue to follow existing rules and deadlines until further notice.