A proposal under review could extend premium processing deadlines, leaving applicants waiting longer despite paying additional fees for faster decisions
The United States is considering changes to its premium processing system that could delay immigration decisions for Indian professionals, international students and employers, even when they pay extra for expedited services.
The proposed regulation is under review by the Office of Management and Budget (OMB). Its detailed provisions have not yet been made public, and the changes are not currently in force. If approved, the proposal could extend the time allowed for processing certain immigration applications.
Premium processing, offered by US Citizenship and Immigration Services (USCIS), allows applicants and employers to pay an additional fee for faster consideration of eligible petitions. Current fees range from $1,780 to $2,965, depending on the application category.
Under the existing system, the prescribed processing period is generally 15, 30 or 45 business days, depending on the type of application. However, an expedited decision does not necessarily mean approval. USCIS may instead request further evidence or issue a notice of intent to deny.
According to immigration services firm Fragomen, processing delays have increasingly affected applications even when applicants have paid for premium processing.
Indian workers and students could be affected
The potential changes could affect Indian professionals applying for H-1B employment visas, workers seeking employment-based green cards and employers requiring quicker decisions on immigration petitions
Eligible applications for employment authorisation filed by international students seeking Optional Practical Training (OPT) could also be affected. OPT allows eligible foreign students on F-1 visas to gain practical work experience related to their studies.
Certain applications to change immigration status to student or exchange visitor categories are also eligible for premium processing.
For Indian graduates hoping to enter the US workforce, longer processing periods could complicate employment plans, particularly where job offers, work authorisation or other immigration deadlines are involved.
Employers may also face greater uncertainty when planning recruitment and the transfer or retention of overseas employees.
What happens next?
The proposal must complete federal review before it can be published in the Federal Register for public comment. The government would then need to consider feedback and finalise the regulation before any revised timelines could take effect. The process could take several months.
The proposal follows a separate increase in premium processing fees in March 2026, introduced through a biennial inflation adjustment.
For now, applicants can continue to rely on the existing rules, although actual processing times may vary. Immigration specialists advise applicants and employers to track official USCIS announcements and plan applications well ahead of employment or travel deadlines.
The outcome will be closely watched by Indian professionals and students, for whom timely immigration decisions can be critical to continuing employment, gaining work experience and pursuing long-term opportunities in the US.
