USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

6 April 2022

Release Date 

03/29/2022


WASHINGTON — Today, U.S. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. Through today’s actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners.


“USCIS remains committed to delivering timely and fair decisions to all we serve,” said USCIS Director Ur M. Jaddou. “Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.”


Reducing Processing Backlogs


To reduce the agency’s pending caseload, USCIS is establishing new internal cycle time goals this month. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.

The agency’s publicly posted processing times show the average amount of time it took USCIS to process a particular form – from when the agency received the application until a decision was made on the case. Internally, USCIS monitors the number of pending cases in the agency’s workload through a metric called “cycle times.” A cycle time measures how many months’ worth of pending cases for a particular form are awaiting a decision. As an internal management metric, cycle times are generally comparable to the agency’s publicly posted median processing times. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times.
 

Expanding Premium Processing


Today the Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act. The rule codifies premium processing fees and adjudication timeframes provided by Congress.

Premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140.

USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests.

USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver.


Improving Access to Employment Authorization Documents


USCIS continues to make progress toward a temporary final rule currently named “Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.”

In recent months, USCIS has begin streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending.

A full list of prior actions USCIS has taken to reduce processing times and the agency’s pending caseload is available on our website.

 

https://www.uscis.gov/newsroom/news-releases/uscis-announces-new-actions-to-reduce-backlogs-expand-premium-processing-and-provide-relief-to-work

Recent Court Order on Hold Policies

28 August 2026
Release Date 08/28/2026 On Aug. 24, 2026, the U.S. District Court for the Northern District of California issued an order in Red Eagle Law, L.C., et al., v. Joseph B. Edlow, 26-cv-04850-CRB (NDCA), enjoining PM 602-0192, and PM 602-0194. USCIS is ordered to adjudicate applications in the normal course of USCIS’ process. Further, the Court granted plaintiff’s motion for class certification. The Court certified the class below in this action of individuals who: (1) Are citizens or natives of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority; and (2) Who are seeking asylum with an I-589 application pending; or (3) Otherwise have a benefit application pending with U.S. Citizenship and Immigration Services; (4) That is subject to the adjudication hold imposed by USCIS Policy Memorandum PM-602-0192 (Dec. 2, 2025) or PM-602-0194 (Jan. 1, 2026) that has not received final adjudication as of the date of class certification. USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review. The Policy Memoranda were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, June 4, 2025, and Presidential Proclamation 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States, Dec. 16, 2025, and to enhance the screening and vetting process, as well as address threats to national security and public safety. USCIS will issue updated instructions pending further litigation developments. Last Reviewed/Updated: 08/28/2026 https://www.uscis.gov/newsroom/alerts/recent-court-order-on-hold-policies

DHS Proposes Additional H-1B Fee

24 August 2026
Release Date 08/24/2026 WASHINGTON — The Department of Homeland Security (DHS) is proposing to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments. The proposed fee would generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. These costs include adjudication of immigration benefits, fraud detection and national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions. “The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler. Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. The number of cap-subject H-1B visas (or grants of status) issued annually is limited to 65,000, with an additional 20,000 for aliens who have earned a master’s or higher degree from a U.S. institution of higher education. For more information, see the notice of proposed rulemaking . For more information on USCIS and its programs, please visit uscis.gov or follow us on X , Instagram , YouTube , Facebook , and LinkedIn . https://www.uscis.gov/newsroom/news-releases/dhs-proposes-additional-h-1b-fee 

USCIS to Publish New Edition of Form I-485; Older Editions Will Be Rejected Starting Sept. 18

19 August 2026
Release Date 08/19/2026 On Sept. 18, 2026, USCIS will publish a revised edition of Form I-485, Application to Register Permanent Residence or A djust Status (edition date: 09/18/26). The form has been revised to align with the recently announced Public Charge Ground of Inadmissibility Final Rule. The 09/18/26 edition of Form I-485 replaces the 01/20/25 edition of Form I-485. USCIS is providing a preview version of the 09/18/26 edition of Form I-485 and its instructions because there is no grace period for accepting the revised edition of Form I-485. Do not file the 09/18/26 edition of Form I-485 before Sept. 18, 2026. We will only accept the 09/18/26 edition of this form if it is postmarked or electronically submitted on or after Sept. 18, 2026. If you file Form I-485, please note that: USCIS will accept the 01/20/25 edition of Form I-485 if it is postmarked or electronically submitted before Sept. 18, 2026; USCIS will reject the 01/20/25 edition of Form I-485 if it is postmarked or electronically submitted on or after Sept. 18, 2026; and USCIS will only accept the 09/18/26 edition of Form I-485 if it is postmarked or electronically submitted on or after Sept. 18, 2026. Visit the Form I-485 webpage to view the preview version of the 09/18/26 edition of Form I-485 and its instructions. https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-edition-of-form-i-485-older-editions-will-be-rejected-starting-sept-18

USCIS Issues Guidance on Making Public Charge Inadmissibility Determination

18 August 2026
U.S. Citizenship and Immigration Services (USCIS) is issuing updated guidance in the USCIS Policy Manual explaining how the agency will determine whether an alien applying for adjustment of status to that of a lawful permanent resident is likely at any time to become a public charge. On July 16, 2026, DHS announced a final rule that rescinds the 2022 Biden-era public charge inadmissibility regulations. The final rule was formally published in the Federal Register on July 20, 2026, and goes into effect on Sept. 18, 2026. The updated guidance aligns with congressional intent that aliens in the United States be self-sufficient and not dependent on taxpayer-funded government benefits. This updated guidance explains which categories of aliens are subject to the public charge inadmissibility ground and which categories Congress has made exempt. The guidance describes key concepts, the factors that are considered in public charge inadmissibility determinations, and what evidence will be considered. It also explains the public charge bonds process. Aliens Subject to the Public Charge Ground of Inadmissibility All aliens applying for adjustment of status to that of a lawful permanent resident are subject to the public charge ground of inadmissibility unless they are applying in an immigration category that is exempt. Below is a complete list of categories who are subject to and the categories that are exempt from the public charge ground of inadmissibility: 

USCIS to Publish New Editions of Form I-539 and Form I-765; Older Editions Will Be Rejected Starting Sept. 15

14 August 2026
Release Date 08/14/2026 On Sept. 15, 2026, U.S. Citizenship and Immigration Services will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status , and Form I-765, Application for Employment Authorization (edition date for both: 09/15/26). The forms have been revised to align with the recently published Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media final rule. The 09/15/26 editions of Form I-539 and Form I-765 replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765. There is no grace period for the revised editions of Form I-539 and Form I-765 because the revised editions are necessary for USCIS to apply the final rule. Because there will be no grace period, USCIS is providing preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Do not file the 09/15/26 editions of these forms before Sept. 15, 2026. USCIS will only accept the 09/15/26 editions of these forms if they are postmarked or electronically submitted on or after Sept. 15, 2026. If filing Form I-539, please note that USCIS will: Accept the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted before Sept. 15, 2026; Reject the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and Only accept the 09/15/26 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026. If filing Form I-765, please note that USCIS will: Accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before Sept. 15, 2026; Reject the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and Only accept the 09/15/26 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026. Visit the Form I-539 and Form I-765 webpages to view preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Last Reviewed/Updated: 08/14/2026 https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-editions-of-form-i-539-and-form-i-765-older-editions-will-be-rejected-starting

Update on Temporary Protected Status for El Salvador

12 August 2026
ALERT : The Temporary Protected Status (TPS) designation of El Salvador and related benefits are set to terminate on Sept. 9, 2026. USCIS is sending notices to El Salvador TPS recipients who continue to be eligible for TPS but haven’t received renewal EADs with category codes A-12 or C-19 and whose TPS-based EAD application is still pending, that their expired TPS-based EADs are extended until Sept. 9, 2026, the end of the El Salvador TPS designation. USCIS will send the notices by mail and electronically to those who have a myUSCIS account. Completing Form I-9: If your employee has a pending TPS-based EAD renewal application, they should receive a notice from USCIS informing them of this automatic extension of their EADs to Sept. 9, 2026. If so, they may choose to present the following combination of documents as proof of identity and continued employment authorization under List A, valid until Sept. 9, 2026: An EAD that has an expiration date of Mar. 9, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; Sept. 9, 2019; or Mar. 9, 2018; and The USCIS notice extending their EAD. When completing the “Expiration Date (if any)” fields on Form I-9, input in Section 1 and Section 2 “ Sept. 9, 2026 ” along with a note in the Additional Information box. Employers may download the Alert and TPS El Salvador Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, enter the expiration date of “ Sept. 9, 2026 ,” from the Form I-9. Check the USCIS websites regularly for updated information. Please check the USCIS TPS El Salvador page regularly for updates. You may also subscribe to regular updates for Form I-9 and E-Verify using Granicus Communications . Last Reviewed/Updated: 08/12/2026 https://www.uscis.gov/i-9-central/form-i-9-related-news/update-on-temporary-protected-status-for-el-salvador-release-aug-12-2026

USCIS To Require Electronic Filing of Forms: Strengthening National Security

10 August 2026
Release Date 08/10/2026 The Department of Homeland Security (DHS) is introducing an interim final rule (IFR) that allows U.S. Citizenship and Immigration Services (USCIS) to mandate electronic filing, or e-filing, for certain immigration forms. Under this IFR, USCIS may require future filings of any immigration form that has been available for e-filing for at least 180 days to be submitted online. USCIS will notify the public on its website at least 60 days before requiring e-filing of a form. Filers must use an online account to submit an immigration form to USCIS, either by completing the form online or by uploading a PDF of the completed form and related evidence. This initiative will eliminate reliance on the U.S. Department of the Treasury’s physical lockbox services and accelerate the shift to electronic fee payments. The transition should deliver substantial cost savings and greater efficiency for the federal government. By making data easier to receive, store, and access than with paper forms, e-filing enhances fraud detection, streamlines identity management, and improves national security screening through faster data access and expanded analytical capabilities. E-filing also reduces errors, incomplete submissions, and application decision times. The adjudication process becomes more secure, more transparent, and more efficient. Electronic filing is already common for many USCIS forms. This is not a new process for aliens to file electronic benefit requests. Requestors who cannot file electronically may request a waiver. Waivers are granted at USCIS’ discretion for undue hardship. This Interim Final Rule is effective on Aug. 11, 2026, and DHS will consider public comments submitted on or before Oct. 13, 2026. For more information, see the interim final rule . https://www.uscis.gov/newsroom/alerts/uscis-to-require-electronic-filing-of-forms-strengthening-national-security Last Reviewed/Updated: 08/10/2026

USCIS to Reduce Frivolous Immigration Benefits Requests by Reinforcing Evidence Standards

5 August 2026
Release Date 08/05/2026 U.S. Citizenship and Immigration Services (USCIS) is clarifying that benefit requestors should establish eligibility for an immigration benefit at the time they file a benefit request. Generally, if a benefit requestor fails to demonstrate eligibility for a benefit or fails to provide all required initial evidence when filing an application, USCIS may deny their immigration benefit request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). USCIS form instructions specify all required initial evidence for every benefit request, giving requestors all the information needed to comply. This policy better aligns USCIS procedures with long-standing Department of Homeland Security regulatory authority and form instructions, helps restore integrity to the immigration system, and makes it more difficult for aliens to file frivolous benefit requests. This policy update amends the previous Biden-era policy, which encouraged officers to request evidence before denying a benefit request, even if the benefit requestor filed an incomplete application, failed to demonstrate eligibility for the benefit, or failed to provide the initial evidence that was clearly required at the time of filing. This prior policy allowed frivolous or substantially incomplete filings to slow USCIS processing for others waiting in line. The Biden policy also enabled benefit requestors to exploit the system by filing “placeholder” applications to gain associated immigration benefits, like employment authorization, while they waited for a decision on their case. USCIS has restored officers’ full discretion to deny a benefit request without first issuing an RFE or NOID in various situations. With this updated policy, USCIS can better allocate resources to efficiently make decisions and prevent meritless requests. The policy is effective immediately and applies to requests pending or filed on or after Aug. 5, 2026, unless otherwise specified by regulations or USCIS policy. Last Reviewed/Updated: 08/05/2026 https://www.uscis.gov/newsroom/alerts/uscis-to-reduce-frivolous-immigration-benefits-requests-by-reinforcing-evidence-standards

USCIS Announces Rule Change to Asylum System to Reduce Backlog

27 July 2026
Release Date 07/27/2026 With this rule, USCIS can refer asylum applications to Immigration Judges without interviewing the alien WASHINGTON – The United States Department of Homeland Security (DHS) released the following statement after U.S. Citizenship and Immigration Services (USCIS) announced a rule change designed to reduce the backlog in the asylum system. Currently, both USCIS and Department of Justice (DOJ) Immigration Judges adjudicate applications for asylum: USCIS adjudicates “affirmative” asylum applications for aliens who are not in removal proceedings, while Immigration Judges adjudicate “defensive” asylum applications for aliens who are in removal proceedings. Depending on the alien’s immigration status, USCIS will usually either adjudicate the application or refer it to an Immigration Judge, who will then conduct a new review of the application. This essentially allows an alien to get a second chance at asylum. The interim final rule allows USCIS to refer asylum applications to Immigration Judges without first interviewing the alien. This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. Among other reasons, USCIS is making this change to reduce the asylum backlog. “For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.” “One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” said DHS General Counsel James Percival . “My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.” The new rule will go into effect immediately. USCIS will accept public comments and later issue a final rule responding to those comments. Last Reviewed/Updated: 07/27/2026 https://www.uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog

USCIS Reaches Fiscal Year 2027 H-1B Cap

17 July 2026
Release Date 07/17/2026 U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027.