Published on March 6, 2023

The Department of Homeland Security (DHS) previously announced the expansion of premium processing for certain F-1 international student applicants who have a pending Form I-765, Application for Employment Authorization. This expansion of premium processing applies to previously filed Form I-765 applications seeking Pre-Completion OPT [(c)(3)(A)], Post-Completion OPT [(c)(3)(B)], and STEM OPT [(c)(3)(C)].

Premium Processing allows a petitioner or applicant to pay an additional government filing fee, presently $1,500, to request that USCIS adjudicate a Form I-765 filing within an expedited timeframe from its receipt. Applicants who wish to request a premium processing upgrade for applicable Form I-765 cases must file Form I-907, Request for Premium Processing Service by paper or online for a response from USCIS within 30 calendar days.

This expansion of premium processing will occur in phases:

• Beginning March 6, 2023, USCIS will accept Form I-907 requests for already pending Form I-765 applications seeking Pre-Completion OPT [(c)(3)(A)], Post-Completion OPT [(c)(3)(B)], and STEM OPT [(c)(3)(C)] Employment Authorization Documents.
• Beginning April 3, 2023, USCIS will accept concurrently filed Form I-907 requests for new Form I-765 applications seeking Pre-Completion OPT [(c)(3)(A)], Post-Completion OPT [(c)(3)(B)], and STEM OPT [(c)(3)(C)] Employment Authorization Documents.

In the upcoming fiscal year, USCIS will phase in additional categories as part of the expansion of premium processing, including the Form I-539, Application to Extend/Change Nonimmigrant Status. DHS most recently estimated that Form I-539 will be available for premium processing in the upcoming fiscal year of 2025.

Please contact the Immigration Attorneys at Ryan Swanson if you have any questions or need assistance with a Premium Processing request.