By: Vandana Marath
Previously, United States Citizenship and Immigration Services (USCIS) expanded premium processing for some F-1 students applying for an employment authorization document (EAD), Form I-765, through an Optional Practical Training (OPT) or STEM OPT program.
USCIS will soon begin accepting Form I-907 premium processing requests for applicants filing Form I-539 to change their status to F-1, F-2, M-1, M-2, J-1, or J-2.
The premium processing fee for change of status applicants will be $1,750 and have a standard 30-day processing timeframe.
USCIS will start accepting applications on June 13, 2023, for applicants who currently have a pending Form I-539 to change to F, M, or J visa status.
On June 26, 2023, the program will begin covering all new applicants filing to change their status to F. M, or J. In order to file with premium processing, applicants must file Form I-907 and Form I-539 concurrently.
The new premium processing application is available to file in both electronic and paper form. To file online, an applicant will need an active myUSCIS account. For individuals who have a pending change of status application, the premium processing application must be filed using the same method as the change of status application.
Applicants who file for premium processing should expect USCIS to take action on their application in a timely manner. USCIS will begin their adjudication process after they receive all relevant documentation. Therefore, if something is incorrectly filed or missing the application will take longer to process. If USCIS issues a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), the processing time will begin after the applicant issues a response.
Over the last three years USCIS has been expanding their premium processing programs. The new policy aims to reduce backlogs and provide relief after the COVID-19 pandemic caused massive delays. The program is expected to continue expanding and will likely cover other nonimmigrant categories on Form I-539 soon. However, there is currently no timeline for USCIS to continue the expansion.
The Chugh, LLP immigration team is carefully monitoring any changes to the premium processing program. Please contact your attorney for any case specific questions or help filing a premium processing application.
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