USCIS premium processing timelines under regulatory review, could affect H-1B and green card cases

The U.S. government has placed a draft rule to modify USCIS premium processing timeframes under the Office of Information and Regulatory Affairs’ review, as required by Executive Order 12866. Submitted on 13 October 2026, the rule—named “Amending the Premium Processing Timeframe”—has not yet been published, leaving the specific visa categories and deadline changes unclear. Until a final rule is adopted, USCIS will continue to honor the existing 15-, 30- or 45-business-day service standards for premium processing, which many H-1B employers and green-card applicants rely on for timely decisions.

After the proposal appears in the Federal Register, a 30- to 60-day comment window will allow stakeholders to submit feedback before the agency decides on any adjustments, which some analysts think may lengthen one outlet periods. Past revisions in 2022 and 2024 altered the calculation method and added a 45-day window for certain petitions. Employers planning hires for the next fiscal year are advised to allow extra time in case the deadlines are extended.