This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

18227 

Vol. 87, No. 61 

Wednesday, March 30, 2022 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 106 

[CIS No. 2688–21; DHS Docket No. USCIS– 

2021–0011] 

RIN 1615–AC73 

Implementation of the Emergency 

Stopgap USCIS Stabilization Act 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security (DHS) is amending DHS 

premium processing regulations to 

codify statutory changes made by the 

Continuing Appropriations Act, 2021 

and Other Extensions Act (Continuing 

Appropriations Act). The Continuing 

Appropriations Act included the 

Emergency Stopgap USCIS Stabilization 

Act (USCIS Stabilization Act), which 

amended the Immigration and 

Nationality Act (INA) by modifying U.S. 

Citizenship and Immigration Services’ 

(USCIS) authority to provide premium 

processing services and to establish and 

collect premium processing fees for 

those services. This rule amends DHS 

premium processing regulations by 

updating the regulations to include the 

fees established by the USCIS 

Stabilization Act for immigration benefit 

requests that were designated for 

premium processing on August 1, 2020, 

and establishing new fees and 

processing timeframes consistent with 

section 4102(b) of the USCIS 

Stabilization Act. 

DATES: 

Effective Date: This rule is effective 

on May 31, 2022. The availability of 

premium processing for newly 

designated immigration benefit requests 

will be announced by USCIS in 

accordance with DHS premium 

processing regulations and will become 

available as stated at that time. 

Comment Date: DHS will only accept 

comments on the revised information 

collection Form I–907 described in the 

Paperwork Reduction Act section of this 

rule. Comments on the revised 

information collection must be received 

on or before May 31, 2022. This 

comment period applies to the 

Paperwork Reduction Act section of this 

rule only; it does not cover the 

substance of the regulatory changes, 

future policy associated with premium 

processing availability, or on any other 

topic related to this rulemaking beyond 

the proposed revisions to the impacted 

information collections. 

ADDRESSES: All comments on the 

information collection must be 

submitted through the Federal 

eRulemaking Portal: https://

www.regulations.gov. The comments on 

the information collection must be 

identified by DHS Docket No. USCIS 

2006–0025 and OMB Control Number 

1615–0048. Follow the website 

instructions for submitting comments. 

Comments submitted in a manner other 

than the one listed above, including 

emails or letters sent to DHS or USCIS 

officials, will not be considered 

comments on the information collection 

requirements and will not receive a 

response from DHS. Please note that 

USCIS cannot accept any comments that 

are hand delivered or couriered. In 

addition, USCIS cannot accept 

comments contained on any form of 

digital media storage devices, such as 

CDs/DVDs and USB drives. USCIS is 

also not accepting mailed comments at 

this time. If you cannot submit your 

comment by using https://

www.regulations.gov, please contact 

Samantha Deshommes, Chief, 

Regulatory Coordination Division, 

Office of Policy and Strategy, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, by 

telephone at (240) 721–3000 for 

alternate instructions. Public comments 

submitted on matters related to this 

final rule, but not specifically associated 

with the revised information 

collections, will not be considered by 

DHS. 

FOR FURTHER INFORMATION CONTACT: 

Connie L. Nolan, Acting Associate 

Director, Service Center Operations, 

U.S. Citizenship and Immigration 

Services, U.S. Department of Homeland 

Security, 5900 Capital Gateway Drive, 

Camp Springs, MD 20746; telephone 

240–721–3000. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Purpose of the Regulatory Action 

B. Legal Authority 

C. Summary of Costs and Benefits 

D. Summary of the Major Provisions of 

This Regulatory Action 

II. Background 

A. Current State of DHS Premium 

Processing Regulations 

B. History of DHS Premium Processing 

Regulations 

C. The USCIS Stabilization Act 

III. Discussion of the Changes 

IV. Statutory and Regulatory Requirements 

A. Administrative Procedure Act 

B. Executive Order 12866 (Regulatory 

Planning and Review) and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) 

C. Regulatory Flexibility Act 

D. Small Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act) 

E. Unfunded Mandates Reform Act of 1995 

F. Executive Order 13132 (Federalism) 

G. Executive Order 12988 (Civil Justice 

Reform) 

H. National Environmental Policy Act 

I. Family Assessment 

J. Paperwork Reduction Act 

Table of Abbreviations 

APA—Administrative Procedure Act 

BLS—Bureau of Labor Statistics 

CEQ—Council on Environmental Quality 

CFR—Code of Federal Regulations 

CPI—Consumer Price Index 

CPI–U—Consumer Price Index for All Urban 

Consumers 

CRA—Congressional Review Act 

DHS—Department of Homeland Security 

EB—Employment-Based 

E.O.—Executive Order 

FR—Federal Register 

FY—Fiscal Year 

GPO—Government Publishing Office 

ICE—Immigration and Customs Enforcement 

INA—Immigration and Nationality Act 

IT—Information technology 

NARA—U.S. National Archives and Records 

Administration 

NEPA—National Environmental Policy Act 

NIW—National Interest Waiver 

NPRM—Notice of Proposed Rulemaking 

OP&S—Office of Policy and Strategy 

OMB—Office of Management and Budget 

PRD—Policy Research Division 

Pub. L.—Public Law 

RFA—Regulatory Flexibility Act 

RIA—Regulatory Impact Analysis 

SBREFA—Small Business Regulatory 

Enforcement Fairness Act 

Secretary—Secretary of Homeland Security 


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18228 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

1See Public Law 106–553, App. B, tit. I, sec. 112, 

114 Stat. 2762, 2762A–68 (Dec. 21, 2000); INA sec. 

286(u) (2000), 8 U.S.C. 1356(u)(2000). 

2 Id. 

3See 66 FR 29682 (Jun. 1, 2001); see also 8 CFR 

103.7(b)(1)(i)(SS) and (e). 

4See Emergency Stopgap USCIS Stabilization 

Act, Public Law 116–159, sec. 4102 (Oct. 1, 2020). 

5USCIS Stabilization Act, Public Law 116–159 

(Oct. 1, 2020). 

6See id. at sec. 4102. 

7See USCIS Stabilization Act, Public Law 116– 

159 (Oct. 1, 2020). 

8See id. at sec. 4102(a)(codified as amended at 8 

U.S.C. 1356(u)(4) (2020)). 

Stat.—U.S. Statutes at Large 

UMRA—Unfunded Mandates Reform Act of 

1995 

U.S.C.—U.S. Code 

USCIS—U.S. Citizenship and Immigration 

Services 

USCIS Stabilization Act—Emergency 

Stopgap USCIS Stabilization Act 

I. Executive Summary 

A. Purpose of the Regulatory Action 

The purpose of this rulemaking is to 

amend the DHS premium processing 

regulations to codify those fees set by 

the USCIS Stabilization Act under 

section 286(u)(3)(A) of the INA, 8 U.S.C. 

1356(u)(3)(A), and to establish new fees 

and processing timeframes for new 

immigration benefit requests, consistent 

with the conditions and eligibility 

requirements set forth by section 

4102(b)(1) of the USCIS Stabilization 

Act. 

In 2000, Congress added new section 

286(u) to the INA, 8 U.S.C. 1356(u), to 

permit the former Immigration and 

Naturalization Service to designate 

certain employment-based immigration 

benefit requests for premium processing 

subject to an additional fee.1 At the 

time, Congress set the premium 

processing fee and authorized USCIS to 

adjust the fee for inflation, as 

determined by the Consumer Price 

Index for All Urban Consumers (CPI– 

U).2 On this basis, USCIS established 

premium processing fees and 

timeframes for certain employmentbased petitions, including Form I–129, 

Petition for a Nonimmigrant Worker, 

and Form I–140, Immigrant Petition for 

Alien Workers, in certain visa 

classifications. Petitioners and 

applicants request premium processing 

through filing Form I–907, Request for 

Premium Processing Service, and 

paying the appropriate fee.3

On October 1, 2020, the Continuing 

Appropriations Act, which included the 

USCIS Stabilization Act, was signed 

into law. The USCIS Stabilization Act 

set new fees for premium processing of 

immigration benefit requests that had 

been designated for premium processing 

as of August 1, 2020, and expanded 

DHS authority to establish and collect 

new premium processing fees, and to 

use those additional funds for expanded 

purposes.4

B. Legal Authority 

The Secretary of Homeland Security’s 

(Secretary) authority for regulatory 

amendments is found in various 

provisions of the INA, 8 U.S.C. 1101, et 

seq., and the Homeland Security Act of 

2002, Public Law 107–296, 116 Stat. 

2135, 6 U.S.C. 101, et seq. General 

authority for issuing this rule is found 

in section 103(a) of the INA, 8 U.S.C. 

1103(a), which authorizes the Secretary 

to administer and enforce the 

immigration and nationality laws, and 

to establish such regulations as the 

Secretary deems necessary. In addition, 

section 286(u) of the INA, 8 U.S.C. 

1356(u), provides the Secretary with 

authority to establish and collect a 

premium fee for the premium 

processing of certain immigration 

benefit types. The Continuing 

Appropriations Act, 2021 and Other 

Extensions Act, which was signed into 

law on October 1, 2020, contains the 

Emergency Stopgap USCIS Stabilization 

Act (USCIS Stabilization Act).5 The 

USCIS Stabilization Act, among other 

things, set new fees for immigration 

benefit requests that were designated for 

premium processing on August 1, 2020, 

and expanded USCIS authority to 

establish and collect additional 

premium processing fees, and to use 

those additional funds for expanded 

purposes, including to provide premium 

processing services to requestors, to 

make infrastructure improvements in 

adjudications processes and the 

provision of information and services to 

immigration and naturalization benefit 

requestors, to respond to adjudication 

demands, including by reducing the 

number of pending immigration and 

naturalization benefit requests, and to 

otherwise offset the cost of providing 

adjudication and naturalization 

services.6

C. Summary of Costs and Benefits 

The USCIS Stabilization Act 

increased the fees for premium 

processing services already available, 

sets fees for and expands premium 

processing to additional immigration 

benefits requests, and provides specific 

purposes for the premium processing 

fees.7 The fees may be used to provide 

the premium processing services; make 

infrastructure improvements in 

adjudications processes and the 

provision of information and services to 

immigration and naturalization benefit 

requestors; respond to adjudication 

demands, including by reducing the 

number of pending immigration and 

naturalization benefit requests; and 

otherwise offset the cost of providing 

adjudication and naturalization 

services.8 This rule provides DHS with 

the opportunity to increase revenue in 

order to make infrastructure 

improvements and improve processing 

times, among other purposes. 

This expansion of electronic filing to 

application and benefit requests is a 

prerequisite so that the premium 

processing form, Form I–907 (which is 

not currently available electronically) 

could be filed electronically with the 

benefit request form for which premium 

processing is being requested. USCIS 

plans to encumber additional IT 

resources needed to make the I–907 

available for electronic filing 

independent of this rule. USCIS intends 

to implement expansion of premium 

processing availability of Forms I–539, 

I–765 and I–140 as soon as feasible. 

DHS plans on a phased implementation 

strategy to allow current premium 

processing revenue to pay for 

development and implementation costs 

associated with expanding availability 

of the service. DHS plans to implement 

expansion for certain categories of 

Forms I–539, I–765 and both of the new 

I–140 classifications in FY 2022. DHS 

estimates that it will not be able to 

expand premium processing to the 

additional categories of Forms I–539 

and I–765 until FY 2025 due to the 

possibility that premium processing 

revenues do not yet exist to cover any 

potential costs associated with 

expanding premium processing to these 

additional categories without adversely 

affecting the processing times of other 

immigration benefit requests, as 

directed by Congress. This is explained 

in greater detail in the ‘‘Government 

Costs’’ section below. The projected 

implementation plan will allow current 

premium processing revenue to cover 

potential costs from the expedited 

processing of a large volume of new 

requests. 

For the 10-year implementation 

period of the rule if year one is FY 2021, 

DHS estimates the annualized cost to be 

$13 million discounted at 3 percent and 

$12 million discounted at 7 percent. 

These costs are from the opportunity 

costs of time that newly eligible 

populations of Forms I–140, I–539, and 

I–765 will incur to request premium 

processing. 

For the 10-year implementation 

period of the rule, DHS estimates the 

annualized transfer payments from the 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18229 

9When making the biennial adjustment for 

premium processing fees pursuant to 8 U.S.C. 

1356(u)(3)(C), USCIS will use the Bureau of Labor 

and Statistics CPI–U All Items as the index for the 

adjustment. https://www.bls.gov/news.release/ 

cpi.t01.htm (last visited Jan. 7, 2022). 

10Those regulations also track the language that 

existed at 8 CFR 103.7(b)(1)(i)(SS) and (e) on 

October 1, 2020 (i.e., prior to the 2020 USCIS Fee 

Schedule Final Rule). 

11See 84 FR 62280 (Nov. 14, 2019). 

12U.S. Citizenship and Immigration Services Fee 

Schedule and Changes to Certain Other Immigration 

Benefit Request Requirements, 85 FR 46788 (Aug. 

3, 2020) (2020 Fee Schedule Final Rule). 

13 Immigrant Legal Resource Center v. Wolf, 491 

F. Supp. 3d 520 (N.D. Cal. Sept. 29, 2020) (ILRC v. 

Wolf). 

14See Northwest Immigrant Rights Project, et al., 

v. United States Citizenship and Immigration 

Services, et al. 496 F. Supp. 3d 31 (D.D.C. Oct. 8, 

2020) (NWIRP v. USCIS). 

15See 86 FR 7493 (Jan. 29, 2021). 

16See Spring 2021 Unified Agenda of Regulatory 

and Deregulatory Actions, U.S. Citizenship and 

Immigration Services Fee Schedule, available at 

https://www.reginfo.gov/public/do/ 

eAgendaViewRule?pubId=202104&RIN=1615-AC68 

(last visited Feb. 8, 2022). 

17On October 16, 2020, USCIS issued a web alert 

notifying the public that USCIS would increase fees 

for premium processing, effective October 19, 2020, 

as required by the Continuing Appropriations Act, 

2021 and Other Extensions Act, Public Law 116– 

159, signed into law on October 1, 2020. https://

www.uscis.gov/news/premium-processing-feeincrease-effective-oct-19-2020 (last updated Oct. 16, 

2020). 

18See, e.g., 8 CFR part 106. 

Form I–129 and Form I–140 fee-paying 

population, and from newly eligible 

classifications of Form I–140 

petitioners, Form I–539 applicants and 

Form I–765 applicants to DHS to be 

$743 million discounted at 3 percent 

and $729 million discounted at 7 

percent due to the increase in filing fees. 

This final rule benefits petitioners of 

Form I–140 (EB–1, multinational 

executives and managers and EB–2, 

members of professions with advanced 

degrees or exceptional ability seeking a 

national interest waiver) who were 

previously ineligible for premium 

processing, but will now be eligible 

following implementation of this final 

rule to request expedited review of their 

petitions. As a result, an adjudicative 

action would be taken more quickly. 

This change benefits businesses that 

previously would have had to wait 

longer to receive adjudicative action 

(such as a notice of approval) for an 

employee. It also benefits applicants of 

Form I–539 who will have the option to 

receive a decision on their request for a 

change of status or extension of stay 

sooner than before, which may alleviate 

concern about lapses in their 

nonimmigrant status. Applicants of 

Form I–765 would benefit through 

receipt of an adjudicative decision in a 

specified timeframe making those 

applicants eligible to work legally in the 

United States sooner than they would 

previously. 

D. Summary of the Major Provisions of 

This Regulatory Action 

This rule amends DHS premium 

processing regulations to codify those 

fees set by the USCIS Stabilization Act 

in section 286(u)(3)(A) of the INA, 8 

U.S.C. 1356(u)(3)(A), as well as the 

preexisting timeframes for those 

immigration benefit requests that had 

been designated for premium processing 

as of August 1, 2020, and to establish 

new fees and processing timeframes for 

new immigration benefit requests, 

consistent with the conditions and 

eligibility requirements set forth by 

section 4102(b)(1) of the USCIS 

Stabilization Act. This rule further 

amends DHS premium processing 

regulations to codify the USCIS 

Stabilization Act’s changes to the 

process for adjusting premium 

processing fees at section 286(u)(3)(C) of 

the INA, 8 U.S.C. 1356(u)(3)(C), 

according to which such adjustments 

are permitted on a biennial basis 

consistent with certain changes to the 

Consumer Price Index for All Urban 

Consumers (CPI–U).9 Finally, any 

additional changes made by this rule to 

revise DHS regulations at new 8 CFR 

106.4 pertaining to premium 

processing 10 are made to be consistent 

with amendments made by the USCIS 

Stabilization Act. 

II. Background 

A. Current State of DHS Premium 

Processing Regulations 

On November 14, 2019, DHS 

published the proposed rule, ‘‘U.S. 

Citizenship and Immigration Services 

Fee Schedule and Changes to Certain 

Other Immigration Benefit Request 

Requirements,’’ in the Federal Register 

proposing to adjust certain immigration 

and naturalization benefit request fees 

charged by USCIS.11 On August 3, 2020, 

DHS published the final rule with an 

effective date of October 2, 2020.12 This 

effectively transferred DHS premium 

processing regulations from 8 CFR 

103.7(b)(1)(i)(SS) and (e) to the new 8 

CFR part 106, specifically 8 CFR 106.4, 

‘‘Premium processing service.’’ 

On September 29, 2020, the U.S. 

District Court for the Northern District 

of California granted a motion for a 

preliminary injunction and stay under 5 

U.S.C. 705 of the 2020 Fee Schedule 

Final Rule in its entirety.13 On October 

8, 2020, the U.S. District Court for the 

District of Columbia also granted a 

motion for a preliminary injunction and 

stay under 5 U.S.C. 705 of the 2020 Fee 

Schedule Final Rule.14 And, on January 

29, 2021, DHS published a notification 

of preliminary injunction in the Federal 

Register to inform the public of the two 

preliminary injunctions of the 2020 Fee 

Schedule Final Rule.15 The Department 

continues to comply with the terms of 

those orders and is not enforcing the 

regulatory changes set out in the 2020 

Fee Schedule Final Rule. 

Litigation in ILRC v. Wolf and NWIRP 

v. USCIS is currently stayed through 

February 14, 2022, to allow DHS to 

move forward through notice-andcomment rulemaking with a possible 

new USCIS fee schedule that would 

rescind and replace the changes made 

by the 2020 Fee Schedule Final Rule 

and establish new USCIS fees to recover 

USCIS operating costs.16

USCIS continued to accept the 

premium processing fees that were in 

place before October 2, 2020. On 

October 19, 2020, pursuant to the 

passage of the USCIS Stabilization Act, 

USCIS increased those premium 

processing fees that were in place at that 

time.17

Although DHS is enjoined from 

implementing or enforcing the 2020 Fee 

Schedule Final Rule and the rule has 

been stayed, the regulatory amendments 

established by the 2020 Fee Schedule 

Final Rule were incorporated into the 

Code of Federal Regulations (CFR) on 

October 2, 2020, by operation of the 

rule’s publication in the Federal 

Register and as the rule instructed.18 In 

that regard, DHS has not implemented 

and is not administering the regulatory 

changes made by the 2020 Fee Schedule 

Final Rule, but rather continues to 

follow the premium processing 

regulations as provided in the versions 

of 8 CFR 103.7(b)(1)(i)(SS) and (e) as 

they existed until October 2, 2020. 

Nevertheless, 8 CFR part 106 and the 

other regulatory changes in the 2020 Fee 

Schedule Final Rule have been codified. 

Therefore, DHS is using this rule to 

revise all of the enjoined and stayed 

regulations pertaining to premium 

processing at 8 CFR 106.4. Notably, DHS 

will continue to calculate premium 

processing timeframes in calendar days 

rather than business days, as it did 

before the 2020 Fee Schedule Final Rule 

and as it continues to do under the 

terms of the injunctions. Other than 

superseding the regulatory text set forth 

by the 2020 Fee Schedule Final Rule 

related to calculating premium 

processing timeframes in business days 

and reverting back to the established 

USCIS practice of calculating premium 

processing timeframes using calendar 

days, all other regulatory changes are 


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18230 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

19See District of Columbia Appropriations Act of 

2001, Public Law 106–553, tit. I, sec. 112, 114 Stat. 

2762, 2762A–68 (Dec. 21, 2000). 

20See 66 FR 29682 (Jun. 1, 2001). 

21See 8 CFR 103.7(b)(1)(i)(SS) and (e) (Oct. 1, 

2020). 

22See 8 CFR 103.7(b)(1)(i)(SS)(3) (Oct. 1, 2020). 

23See 8 CFR 103.7(b)(1)(i)(SS) and (e) (Oct. 1, 

2020); see also USCIS, ‘‘How Do I Request Premium 

Processing?,’’ https://www.uscis.gov/forms/allforms/how-do-i-request-premium-processing (last 

updated Apr. 12, 2021). 

24See INA sec. 286(u) (2000), 8 U.S.C. 1356(u) 

(2000); Public Law 106–553, App. B, tit. I, sec. 112, 

114 Stat. 2762, 2762A–68 (Dec. 21, 2000). 

25The CPI is issued by the Department of Labor’s 

Bureau of Labor Statistics (BLS) and can be found 

at http://www.bls.gov/cpi (last visited Jan. 7, 2022). 

26See USCIS Fee Schedule; Final Rule, 75 FR 

58962, 58978, 58988 (Sept. 24, 2010) (Between June 

2001, when Congress established the fee, and June 

2010, the CPI–U [All Items] increased by 22.45%. 

When that percentage increase is applied to the 

current premium processing fee of $1,000, the 

adjusted premium processing fee is $1,224 ($1,225 

when rounded to the nearest $5.); 8 CFR 

103.7(b)(1)(i)(RR) (effective Nov. 23, 2010, codified 

as amended at 8 CFR 103.7(b)(1)(i)(SS), 81 FR 

73292, 73331 (Oct. 24, 2016)). 

27See Adjustment to Premium Processing Fee; 

Final Rule, 84 FR 58303, (Oct. 31, 2019) (Between 

June 2001 and August 2019, the CPI–U [All Items] 

increased by 44.13 percent. When this percentage 

increase is applied to the June 2001 premium 

processing fee of $1,000, the adjusted premium 

processing fee is $1,441.34 ($1,440 when rounded 

to the nearest $5 increment.); 8 CFR 

103.7(b)(1)(i)(SS) (effective Dec. 2, 2019). 

28See USCIS Stabilization Act, Public Law 116– 

159 (Oct. 1, 2020). 

29On May 23, 2006, USCIS issued an interim rule 

changing the premium processing regulations. See 

71 FR 29571. Under that rule, USCIS would 

designate petitions and applications for premium 

processing by publication of notices in the Federal 

Register. That same day, USCIS designated Forms 

I–539 and I–765 for premium processing by a notice 

in the Federal Register. See 71 FR 29662. On 

September 24, 2010, USCIS changed the manner in 

which a form would be designated for premium 

processing. See 75 FR 58962. The 2010 rule 

provides that premium processing designation will 

be established through the USCIS website. Thus, for 

a form to be designated for premium processing it 

must be designated as such on the USCIS website. 

Forms I–539 and I–765 have not been designated for 

premium processing on the USCIS website since the 

2010 rule became effective and so were not 

designated on August 1, 2020, nor did USCIS 

provide premium processing for Forms I–539 and 

I–765 on or before August 1, 2020. Thus, Forms I– 

539 and I–765 are not covered by INA sec. 

286(u)(3)(A), 8 U.S.C. 1356(u)(3)(A) (relating to 

‘‘immigration benefit types designated as eligible 

for premium processing on or before August 1, 

2020.’’), as enacted by the USCIS Stabilization Act. 

USCIS interprets INA sec. 286(u)(3)(A), 8 U.S.C. 

1356(u)(3)(A), to refer to immigration benefit 

requests that were designated pursuant to the 

premium processing regulations in effect at the time 

of the statute’s enactment. USCIS believes this 

interpretation is supported by the fact that Congress 

specifically provided an appropriate fee and 

processing timeframe for Forms I–539 and I–765 in 

sec. 4102(b)(1) of the USCIS Stabilization Act, 

which provides an exception to 5 U.S.C. 553 in 

establishing an initial fee for those forms. 

Additionally, because sec. 4102(b)(1) of the USCIS 

Stabilization Act only applies to INA sec. 

286(u)(3)(B) and to those immigration benefit 

requests designated for premium processing after 

August 1, 2020, it is clear that Congress intended 

for Forms I–539 and I–765 to fall under those 

immigration benefit requests described in INA sec. 

286(u)(3)(B) and not INA sec. 286(u)(3)(A). 

30See USCIS, Premium Processing Fee Increase 

Effective Oct. 19, 2020, https://www.uscis.gov/ 

news/premium-processing-fee-increase-effectiveoct-19-2020 (last updated Oct. 16, 2020). 

based upon those changes set forth in 

the USCIS Stabilization Act. 

Because the entirety of 8 CFR part 

106, including 8 CFR 106.4, is enjoined 

and stayed, and the previous DHS 

premium processing regulations at 8 

CFR 103.7(b)(1)(i)(SS) and (e) were 

removed, DHS will amend 8 CFR 106.4 

by revising it in its entirety. This will 

avoid any confusion as to which DHS 

premium processing regulations are 

current and make it clear to the public 

that the DHS premium processing 

regulations are wholly contained in 8 

CFR 106.4, available as a current 

reference, and being followed by DHS. 

Legal citations to the changes being 

made to DHS premium processing 

regulations in this preamble will cite to 

‘‘8 CFR 106.4’’ to comport with the 

current location of the regulations in the 

CFR. However, because 8 CFR part 106 

has been enjoined and stayed, has not 

been implemented, and is not being 

administered by USCIS, the standard of 

citing to the CFR print edition date may 

be inaccurate. Therefore, in this rule, 

when DHS references the no longer 

existing (but still being followed) 8 CFR 

103.7(b)(1)(i)(SS) and (e), DHS will refer 

to these regulations as they appeared in 

the CFR on October 1, 2020, and denote 

by reference to that date in any legal 

citation (e.g., 8 CFR 103.7(b)(1)(i)(SS) or 

(e) (Oct. 1, 2020)). 

B. History of DHS Premium Processing 

Regulations 

The District of Columbia 

Appropriations Act of 2001 added 

section 286(u) to the INA, 8 U.S.C. 

1356(u), authorizing the collection of a 

$1,000 ‘‘premium fee,’’ in addition to 

the regular filing fee, from persons 

seeking expedited processing of eligible 

employment-based petitions and 

applications.19 Based upon this 

statutory authority, the former 

Immigration and Naturalization Service 

issued an interim rule establishing its 

premium processing service on June 1, 

2001.20 Premium processing allows 

filers to request 15-day processing of 

certain employment-based immigration 

benefit requests if they pay a premium 

processing fee in addition to the base 

filing fee and any other applicable 

fees.21 This premium processing fee 

cannot be waived.22 Premium 

processing is currently available for 

certain petitioners filing a Form I–129, 

Petition for a Nonimmigrant Worker, or 

a Form I–140, Immigrant Petition for 

Alien Workers, and seeking certain 

employment-based classifications. 

USCIS informs the public by 

announcements on its website of the 

dates of availability of premium 

processing service for specific petitions 

or applications.23

The INA as amended by the District 

of Columbia Appropriations Act of 2001 

provided that premium processing 

revenue shall be used to fund the cost 

of offering the service, as well as the 

cost of infrastructure improvements in 

adjudications and customer service 

processes. The INA as amended by the 

District of Columbia Appropriations Act 

of 2001 further provided USCIS with 

explicit authority to adjust the premium 

processing fee for inflation based on the 

CPI–U.24 As such, DHS has periodically 

adjusted the premium processing fee by 

the percentage increase in inflation 

according to the CPI since premium 

processing’s inception.25 DHS first 

adjusted the premium processing fee 

from $1,000 to $1,225 in the 2010 

USCIS fee rule.26 Prior to the USCIS 

Stabilization Act, DHS last adjusted the 

premium processing fee to $1,440 in 

December 2019.27

C. The USCIS Stabilization Act 

On October 1, 2020, the Continuing 

Appropriations Act, 2021 and Other 

Extensions Act was signed into law. 

That enactment contains the USCIS 

Stabilization Act.28 The USCIS 

Stabilization Act amended section 

286(u) of the INA, 8 U.S.C. 1356(u), by 

raising the premium processing fees for 

immigration benefit types designated for 

premium processing on or before 

August 1, 2020, and by expanding the 

benefit types that may be designated for 

premium processing service within 

prescribed limitations, among other 

changes.29 These additional changes 

included redefining the process for 

adjusting premium processing fees by 

the CPI and expanding the permissible 

uses of revenue from the collection of 

premium processing fees, including 

improvements to adjudications process 

infrastructure, responses to adjudication 

demands, and to otherwise offset the 

cost of providing adjudication and 

naturalization services. 

On October 16, 2020, USCIS 

announced it would increase the fees for 

premium processing, as required by the 

USCIS Stabilization Act, effective 

October 19, 2020.30 As of that date, the 

fee for Form I–907, Request for Premium 

Processing Service, increased from 

$1,440 to $2,500 for all immigration 

benefit requests that were designated for 

premium processing as of August 1, 

2020, with the exception that the 


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31 Id. 

32A list of immigration benefit requests available 

for premium processing and when those 

immigration benefit requests became available for 

premium processing can be found on USCIS’s web 

page, ‘‘How Do I Request Premium Processing?,’’ 

https://www.uscis.gov/forms/all-forms/how-do-irequest-premium-processing (last updated Apr. 12, 

2021). 

33See USCIS Stabilization Act, Public Law 116– 

159 (Oct. 1, 2020). 

34See id. at sec. 4102(a)(codified as amended at 

8 U.S.C. 1356(u)(3)(B) (2020)). 

35See id. at sec. 4102(b) (Oct. 1, 2020). 

36 Id. 

premium processing fee for petitioners 

filing Form I–129, Petition for a 

Nonimmigrant Worker, requesting H–2B 

or R–1 nonimmigrant status increased 

from $1,440 to $1,500. USCIS further 

announced that, while the USCIS 

Stabilization Act gave USCIS the ability 

to expand premium processing to 

additional forms and immigration 

benefit requests, USCIS was not yet 

taking such action and that any 

expansion of premium processing to 

other forms would be implemented as 

provided in the legislation.31

Through this rulemaking, DHS is 

amending DHS premium processing 

regulations to codify those fees set by 

the USCIS Stabilization Act through 

enactment of section 286(u)(3)(A) of the 

INA, 8 U.S.C. 1356(u)(3)(A), as well as 

the preexisting timeframes for those 

immigration benefit requests that were 

designated for premium processing as of 

August 1, 2020, and to establish new 

fees and processing timeframes for new 

immigration benefit requests, consistent 

with the conditions and eligibility 

requirements set forth by section 

4102(b)(1) of the USCIS Stabilization 

Act. DHS is also amending DHS 

premium processing regulations to 

codify the USCIS Stabilization Act’s 

changes made at section 286(u)(3)(C) of 

the INA, 8 U.S.C. 1356(u)(3)(C), to the 

process for adjusting premium 

processing fees, according to which 

such adjustments are permitted on a 

biennial basis consistent with certain 

changes to the CPI–U. 

III. Discussion of the Changes 

Prior to the USCIS Stabilization Act, 

premium processing provided expedited 

processing for certain designated 

classifications that are requested on 

Form I–129 and Form I–140.32 USCIS 

had the authority to designate the 

classifications of employment-based 

immigration benefit requests that were 

eligible for premium processing by 

announcing on its official internet 

website (http://www.uscis.gov) those 

immigration benefit requests for which 

premium processing was available, the 

dates upon which such availability 

commenced or ended, and any 

conditions that applied. Also prior to 

the USCIS Stabilization Act, the fee and 

processing timeframes for premium 

processing were uniform for all 

designated immigration benefit requests. 

Specifically, USCIS guaranteed 

processing for these requests within 15 

days to petitioners who chose to pay the 

additional fee to request this service. 

The 15-day period would generally 

begin when USCIS properly received 

the correct version of Form I–907, 

Request for Premium Processing 

Service, with fee, at the correct filing 

address. Within the 15-day period, 

USCIS would issue either an approval 

notice, denial notice, notice of intent to 

deny, or request for evidence, or open 

an investigation for fraud or 

misrepresentation. If USCIS did not take 

any of the above actions within the 15- 

day period, USCIS would refund the 

premium processing fee. If the benefit 

required the submission of additional 

evidence or a response to a notice of 

intent to deny, a new 15-day period 

would begin when USCIS received a 

complete response to the request for 

evidence or notice of intent to deny. The 

premium processing fee was required to 

be paid in addition to, and in a separate 

remittance from, other filing fees, and 

could not be waived. Finally, the 

premium processing fee amount could 

be adjusted annually by notice in the 

Federal Register based on inflation 

according to the CPI. 

While leaving in place the general 

concept and framework for premium 

processing that existed prior to its 

enactment, the USCIS Stabilization Act 

made significant changes to the INA, 

amending significant aspects of 

premium processing that had previously 

been established by regulation. While 

maintaining DHS’s authority to set 

reasonable conditions or limitations on 

premium processing, the USCIS 

Stabilization Act expanded the 

immigration benefit types that can be 

designated for premium processing, to 

wit: applications to change or extend 

nonimmigrant status and applications 

for employment authorization (generally 

on Form I–539, Application to Extend/ 

Change Nonimmigrant Status, and Form 

I–765, Application for Employment 

Authorization, respectively) as well as 

any other immigration benefit type that 

DHS deems appropriate for premium 

processing.33 This expansion of 

premium processing to other 

immigration benefit types generally 

requires that the initial premium 

processing fee be established by 

regulation, with a detailed methodology 

supporting the proposed premium 

processing fee amount.34 However, the 

USCIS Stabilization Act did identify 

specific immigration benefit requests to 

which premium processing could be 

expanded by final rule without regard to 

the provisions of 5 U.S.C. 553 as long 

as the established premium fee and 

required processing timeframe are 

consistent with the limitations 

described therein.35 These immigration 

benefit requests and applicable fees and 

timeframes are: 

• Form I–140 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 (NIW). Fee: 

$2,500. Timeframe: 45 days; 

• Form I–539 requesting a change of 

status to F–1, F–2, J–1, J–2, M–1, or M– 

2 nonimmigrant status or a change of 

status to or extension of stay in E–1, E– 

2, E–3, H–4, L–2, O–3, P–4, or R–2 

nonimmigrant status. Fee: $1,750. 

Timeframe: 30 days; and 

• Form I–765 requesting employment 

authorization. Fee: $1,500. Timeframe: 

30 days.36

The primary purpose of this rule is to 

add these specific benefit types as those 

designated for premium processing in 

DHS regulations with both a premium 

processing fee and required processing 

timeframe, consistent with the 

exemption from 5 U.S.C. 553, while 

further reconciling the premium 

processing regulations with the other 

changes made by the USCIS 

Stabilization Act. In the Executive 

Orders 12866 and 13563 section of this 

rule, DHS estimates the number of 

newly eligible I–140 petitioners, I–539 

applicants, or I–765 applicants that may 

choose to submit a premium processing 

request. However, as further discussed 

in section IV.B of this rule, it is difficult 

for DHS to determine the amount of 

time and resources specifically needed 

to accommodate these new requests for 

premium processing. Therefore, DHS 

has set the premium processing fees and 

timeframes for the newly eligible 

immigration benefit requests to be 

consistent with the fees and maximum 

processing timeframes set forth by 

Congress in section 4102(b)(1) of the 

USCIS Stabilization Act. As provided by 

section 4102(b)(2) of the USCIS 

Stabilization Act and as codified in the 

new 8 CFR 106.4(f)(2)(ii), the premium 

processing timeframe for the 

immigration benefit requests identified 

in section 4102(b) of the USCIS 

Stabilization Act will commence on the 

date that all prerequisites for 


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37See id. at sec. 4102(b). 

38See id. at sec. 4102(a)(codified as amended at 

8 U.S.C. 1356(u)(3)(A) (2020)). 

39See id. at sec. 4102(a)(codified as amended at 

8 U.S.C. 1356(u)(3)(C) (2020)). 

40See supra note 9. 

41See USCIS Stabilization Act, Public Law 116– 

159 (Oct. 1, 2020). 

42 Id. 

43See 8 CFR 103.7(b)(1)(i)(SS)(2) (Oct. 1, 2020); 

See new 8 CFR 106.4(d). 

44See 8 CFR 103.7(e)(3)(ii) (Oct. 1, 2020). 

45See 8 CFR 103.7(e)(3) (Oct. 1, 2020). 

46See new 8 CFR 106.4(g)(1). 

47See I–907, Request for Premium Processing 

Service—Special Instructions, https://

www.uscis.gov/i-907 (last updated Sep. 30, 2021). 

48See USCIS Stabilization Act, sec. 

4102(a)(codified as amended at 8 U.S.C. 

1356(u)(5)(A) (2020)), Public Law 116–159 (Oct. 1, 

2020). See new 8 CFR 206.4(g)(2). 

adjudication, the form prescribed by 

USCIS, and fee(s) are received by 

USCIS. 

DHS is not codifying a definition of 

the phrase ‘‘prerequisites for 

adjudication’’ in this rule and will 

determine when the timeframe begins 

based on the benefit request and what 

is required to fully adjudicate it, 

consistent with otherwise applicable 

regulations. USCIS has been unable to 

offer premium or expedited services for 

many of its adjudication and 

naturalization services because of the 

difficulty in determining the 

appropriate fee, staffing levels, time 

period for adjudication, and other 

parameters. The USCIS Stabilization Act 

recognized that it is the requestor’s 

responsibility to provide a complete 

request before premium processing can 

begin and that there is inherent 

ambiguity in defining the appropriate 

timeframe. DHS interprets 

‘‘prerequisites for adjudication’’ in 

section 4102(b) to at least require a 

complete, fully executed form as 

prescribed and required by 8 CFR 1.2 

and 8 CFR 103.2(a)(7), completed in 

accordance with the form instructions 

as required by 8 CFR 103.2(a)(1), and 

other filing requirements as may be 

provided in the applicable regulations 

for the specific benefit request, 

including receiving all necessary 

evidence and information from 

interviews, biometrics submission, and 

background checks. USCIS may specify 

additional prerequisites that determine 

when the timeframe begins when it 

announces those requests for which 

premium processing may be requested 

and any conditions that may apply 

under 8 CFR 106.4(g). 

The USCIS Stabilization Act also 

established distinct premium processing 

fees and the authority to establish 

distinct premium processing timeframes 

based upon the specific immigration 

benefit request.37 With respect to an 

immigration benefit type designated for 

premium processing before August 1, 

2020, the premium fee was set at $2,500, 

except that the premium fee for 

petitioners filing Form I–129 requesting 

H–2B or R–1 nonimmigrant status was 

set at $1,500.38 This rule codifies these 

changes by specifically defining the 

premium processing fee and the 

premium processing timeframe for those 

immigration benefit types that were 

designated for premium processing 

before August 1, 2020. As maintained in 

the new 8 CFR 106.4(f)(2)(i), the 

premium processing timeframe for these 

benefits requests will commence on the 

date that the form prescribed by USCIS 

and fee(s) are received by USCIS. 

The USCIS Stabilization Act also 

amended the INA by adding section 

286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C), 

which adjusts the frequency and the 

manner in which USCIS may 

periodically adjust the fees for premium 

processing.39 The statute now provides 

that the Secretary may adjust these fees 

on a biennial basis by the percentage (if 

any) of the CPI–U 40 for the month of 

June preceding the date on which such 

adjustment takes effect exceeds the CPI– 

U for the same month of the second 

preceding calendar year.41 Adjustments 

to the premium processing fees made in 

this manner are specifically exempted 

from notice-and-comment rulemaking.42

These changes have been codified at 

new 8 CFR 106.4(d). DHS will maintain 

its practice of announcing adjustments 

to the premium processing fees that are 

not subject to notice and comment (and 

made pursuant to section 286(u)(3)(C) of 

the INA, 8 U.S.C. 1356(u)(3)(C)) through 

publication in the Federal Register.43

The premium processing regulations 

require USCIS to communicate which 

immigrant benefit requests are available 

for premium processing, the dates upon 

which availability commences and ends 

and any conditions that may apply to 

seeking a request for premium 

processing.44 USCIS will maintain this 

practice. In order to provide USCIS with 

the flexibility to be adequately 

responsive to changing customer 

demands and resource constraints, new 

8 CFR 106.4(g) draws on the previous 

process that USCIS used to announce 

when premium processing is available 

and may be requested.45 In particular, 

USCIS will announce by its official 

website those requests for which 

premium processing of designated 

benefits is available, the dates when 

such availability commences or ends, 

and any conditions that may apply.46

Such conditions may include 

establishing a prerequisite to eligibility 

for the underlying immigration benefit 

request, as is the case currently where 

USCIS will only accept a request for 

premium processing on a petition for 

temporary nonimmigrant religious 

worker (R–1 visa) after there has been a 

successful onsite inspection.47 Such 

conditions may also include 

establishing periods of pendency or 

specific filing dates necessary for 

phasing-in expanded premium 

processing for immigration benefit 

requests or delaying receipt dates for 

those immigration benefit requests 

subject to a numerical limitation (or 

cap) to determine whether a random 

selection process (or lottery) may be 

necessary and to complete such process 

when required. The use of such 

prerequisites and conditions is 

consistent with established USCIS 

premium processing practices as they 

existed prior to the USCIS Stabilization 

Act. 

Consistent with the USCIS 

Stabilization Act, new 8 CFR 106.4(g) 

further clarifies that USCIS may 

suspend the availability of premium 

processing for certain immigration 

benefit requests if circumstances 

prevent the agency from being able to 

complete a significant number of such 

requests within the applicable 

processing timeframe.48 New 8 CFR 

106.4(g) also makes clear that the 

designation of a benefit request for 

premium processing and establishing 

the corresponding premium processing 

fees and timeframes, does not in itself 

permit a request for premium processing 

to be filed for an immigration benefit 

request, but that USCIS must also make 

premium processing available for each 

immigration benefit request type. By 

identifying and establishing those 

immigration benefit request types 

designated for premium processing in 

this rule and the corresponding fees and 

processing timeframes, consistent with 

the USCIS Stabilization Act, this rule 

will allow USCIS to offer and suspend 

premium processing for designated 

immigration benefit request types in 

reaction to customer needs and USCIS 

workload, when there are circumstances 

that prevent USCIS from completing the 

processing of a significant number of 

premium processing requests within the 

required timeframes and in accordance 

with the procedures codified at new 8 

CFR 106.4(g). 

Relatedly, the USCIS Stabilization Act 

requires that when DHS implements the 

availability of premium processing, or 

expands premium processing to new 

immigration benefit request types, DHS 

must ensure that such implementation 

or expansion does not result in an 


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49See USCIS Stabilization Act, sec. 4102(c), 

Public Law 116–159 (Oct. 1, 2020). 

50See 8 CFR 106.4(a). 

51See U.S. Citizenship and Immigration Services 

Fee Schedule and Changes to Certain Other 

Immigration Benefit Request Requirements, 84 FR 

62280, 62311–12 (Nov. 14, 2019) (2020 Fee 

Schedule NPRM). 

52Counting premium processing timeframes by 

calendar days is also consistent with the definition 

of ‘‘day’’ in 8 CFR 1.2, which provides that when 

computing the period of time for taking any action 

[in chapter I of title 8 of the CFR] including the 

taking of an appeal, [it] shall include Saturdays, 

Sundays, and legal holidays, except that when the 

last day of the period computed falls on a Saturday, 

Sunday, or a legal holiday, the period shall run 

until the end of the next day which is not a 

Saturday, Sunday, or a legal holiday. 

53See 5 U.S.C. 553(b). 

54See USCIS Stabilization Act, sec. 4102(b)(1). 

55See id. at sec. 4102(a). 

56See USCIS Stabilization Act, sec. 4102(a); new 

8 CFR 106.4(c) and (d). 

increase in processing times for 

immigration benefit requests not 

designated for premium processing or 

an increase in regular processing of 

immigration benefit requests so 

designated.49 Before DHS can 

implement the expansion of premium 

processing provided in this rule, DHS 

must raise sufficient funds to ensure it 

has the staffing and information 

technology (IT) resources in place to 

expand premium processing availability 

to avoid increasing non-premium 

processing related processing times. The 

current processing times for the 

immigration benefit requests newly 

designated for premium processing 

exceed the proposed premium 

processing timeframes by many months 

as expected. 

DHS generally cannot reallocate staff 

to adjudicate these immigration benefit 

requests without adversely affecting 

processing times for other non-premium 

processing related immigration benefit 

requests. Therefore, DHS must hire and 

train new staff with revenue from 

current premium processing requests in 

order to expand expedited adjudication 

of premium processing consistent with 

the statutory requirement. Delayed 

implementation will allow USCIS to 

maintain a minimum premium revenue 

carryover balance. USCIS will use the 

carryover balance to ensure fiscal 

stability and fund infrastructure and 

process improvements, such as the 

expansion of premium services. For 

these reasons and circumstances, DHS 

will suspend the availability of 

premium processing for those 

immigration benefit requests newly 

designated for premium processing by 

this rule and will not make those 

immigration benefit requests newly 

designated by this rule immediately 

available for premium processing upon 

the effective date of this rule. 

In the 2020 Fee Schedule NPRM, DHS 

changed the way it calculated the 15- 

day premium processing clock from 

counting calendar days to counting 

business days.50 DHS explained it was 

necessary to make this change, because 

of the frequency by which USCIS found 

it necessary to suspend premium 

processing for certain categories of 

employment-based petitions as a result 

of having to reassign officers to process 

long-pending non-premium filed 

petitions and to prevent a lapse in 

employment authorization for 

beneficiaries of Form I–129 extension of 

stay petitions. There were also instances 

when USCIS could not meet the 15-day 

premium processing requirement due to 

surges in petitions accompanied by 

premium processing requests, which 

resulted in USCIS having to refund the 

premium processing fees and incurring 

additional costs as a result.51

In this rule, DHS is removing any 

reference to calculating premium 

processing timeframes in business days 

that were finalized in the 2020 Fee 

Schedule Final Rule. Following 

issuance of this rule, DHS intends to 

continue to calculate premium 

processing timeframes by counting 

calendar days. As previously discussed, 

the 2020 Fee Schedule Final Rule is 

enjoined and stayed, and the regulations 

as codified in 8 CFR 106.4 are not being 

administered by USCIS. 

Because the litigation in ILRC v. Wolf 

and NWIRP v. USCIS is currently 

stayed, and because DHS plans to 

replace the regulations codified by the 

2020 Fee Schedule Final Rule with a 

new rule, the regulations currently at 8 

CFR 106.4 have never been 

implemented. USCIS currently is not 

calculating premium processing 

timeframes in business days, consistent 

with the terms of the injunctions and 

stays. Rather, USCIS is calculating 

premium processing timeframes, as it 

has always done, by counting calendar 

days. By removing the reference to 

business days in the premium 

processing regulations, the premium 

processing regulations will be clear and 

consistent with current practices and 

requirements and not be a source of 

confusion to the public.52

IV. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

The Administrative Procedure Act 

(APA) generally requires agencies to 

issue a proposed rule before issuing a 

final rule, subject to certain 

exceptions.53 As explained below, the 

changes made in this rule do not require 

advance notice and opportunity for 

public comment, because the changes 

are (1) exempt from the requirements of 

5 U.S.C. 553 by section 4102(b)(1) of the 

USCIS Stabilization Act, (2) exempt 

from public comment under 5 U.S.C. 

553(b)(B) because they merely restate 

existing law, or (3) exempt as 

procedural under 5 U.S.C. 553(b)(A). 

(1) Statutory Exemption From the 

Requirements of 5 U.S.C. 553 

The USCIS Stabilization Act has 

exempted DHS from the requirements of 

5 U.S.C. 553 when USCIS establishes 

fees that are consistent with section 

4102(b) of the USCIS Stabilization Act. 

This exemption allows DHS to establish 

fees consistent with section 4102(b) of 

the USCIS Stabilization Act by final rule 

and does not require notice-andcomment rulemaking.54

(2) Statutorily Required Changes 

The USCIS Stabilization Act made 

statutory changes to section 286(u) of 

the INA, 8 U.S.C. 1356(u).55 DHS has 

good cause to bypass notice-andcomment procedures when 

incorporating those nondiscretionary 

statutory changes made by the USCIS 

Stabilization Act to section 286(u) of the 

INA, 8 U.S.C. 1356(u), through 

conforming changes to the DHS 

premium processing regulations via this 

rulemaking. When regulations merely 

restate the statute they implement (i.e., 

when the rule does not change the 

established legal order), the APA does 

not require the agency to use noticeand-comment procedures. See 5 U.S.C. 

553(b)(B); Gray Panthers Advocacy 

Committee v. Sullivan, 936 F.2d 1284, 

1291 (D.C. Cir. 1991); see also United 

States v. Cain, 583 F.3d 408, 420 (6th 

Cir. 2009) (contrasting legislative rules, 

which require notice-and-comment 

procedures, ‘‘with regulations that 

merely restate or interpret statutory 

obligations,’’ which do not); Komjathy v. 

Nat. Trans. Safety Bd., 832 F.2d 1294, 

1296 (D.C. Cir. 1987) (when a rule ‘‘does 

no more than repeat, virtually verbatim, 

the statutory grant of authority’’ noticeand-comment procedures are not 

required). This exception to notice and 

comment applies to the portions of this 

rule that merely restate the fees for those 

immigration benefit types designated for 

premium processing on or before 

August 1, 2020 and the biennial fee 

adjustment.56 This exception also 

applies to the portions of this rule that 

codify the clarification provided in 

section 4102(b)(2) of the USCIS 

Stabilization Act regarding when 

processing timeframes will commence 


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57See new 8 CFR 106.4(f)(2)(ii) and (g). 

58USCIS Forms Currently Available to File 

Online: https://www.uscis.gov/file-online/formsavailable-to-file-online (last updated Dec. 21, 2021). 

Of the forms impacted by this rule, USCIS already 

provides electronic filing of certain Forms I–539 

and I–765. However, Form I–907 is not currently 

available for electronic filing. 

for those benefit request types described 

in section 4102(b)(1) of the USCIS 

Stabilization Act and the manner in 

which USCIS may suspend premium 

processing services now codified in 

section 286(u)(5)(A) of the INA, 8 U.S.C. 

1356(u)(5)(A).57

(3) Rule of Procedure 

This rule is also exempt, in its 

entirety, from the notice-and-comment 

requirements of 5 U.S.C. 553, because 

the rule’s provisions are fundamentally 

procedural in nature. See 5 U.S.C. 

553(b)(A). See generally Mendoza v. 

Perez, 754 F.3d 1002, 1023 (D.C. Cir. 

2014) (‘‘Procedural rules do not 

themselves alter the rights or interests of 

parties, although they may alter the 

manner in which the parties present 

themselves or their viewpoints to the 

agency. The distinction between 

substantive and procedural rules is one 

of degree depending upon whether the 

substantive effect is sufficiently grave so 

that notice and comment are needed to 

safeguard the policies underlying the 

APA.’’ (cleaned up)). This rule describes 

the process and the procedures that 

USCIS will employ to make premium 

processing available to the public. This 

rule explains that there is premium 

processing for certain immigration 

benefit requests, how to submit a 

request for premium processing, those 

immigration benefits designated for 

premium processing and the associated 

fees, how fees will be adjusted, 

processing timeframes (including the 

reversion to calendar days), processing 

requirements and when fees will be 

refunded, and how USCIS will 

communicate the availability of 

premium processing to the public. This 

rule communicates the mechanics and 

processes that USCIS has deemed to be 

an efficient and practical way to manage 

and offer a service to those willing to 

pay a premium to have their 

immigration benefit requests processed 

in a more expeditious manner. 

B. Executive Order 12866 (Regulatory 

Planning and Review) and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) 

Executive Order (E.O.) 12866 and E.O. 

13563 direct agencies to assess the costs 

and benefits of available regulatory 

alternatives and to the extent permitted 

by law, to proceed if the benefits justify 

the costs. They also direct agencies to 

select regulatory approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety effects, 

distributive impacts, and equity). In 

particular, E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. The Office of Information 

and Regulatory Affairs (OIRA), within 

the Office of Management and Budget 

(OMB), has designated this final rule an 

economically significant regulatory 

action under sec. 3(f)(1) of E.O. 12866. 

Accordingly, OIRA has reviewed this 

regulation. 

(1) Summary 

The Continuing Appropriations Act, 

2021 and Other Extensions Act, signed 

into law on October 1, 2020, contained 

the Emergency Stopgap USCIS 

Stabilization Act, which set new fees for 

premium processing of immigration 

benefit requests that had been 

designated for premium processing as of 

August 1, 2020, and expanded USCIS 

authority to establish and collect new 

premium processing fees and to use 

those additional funds for expanded 

purposes. The purpose of this 

rulemaking is to amend DHS premium 

processing regulations for previously 

designated benefit requests to codify 

those fees set by the USCIS Stabilization 

Act in section 286(u)(3)(A) of the INA, 

8 U.S.C. 1356(u)(3)(A), and to establish 

new immigration benefit requests 

designated for premium processing 

under section 286(u)(3)(B) of the INA, 8 

U.S.C. 1356(u)(3)(B), consistent with 

those conditions and eligibility 

requirements set forth by section 

4102(b)(1) of the USCIS Stabilization 

Act. 

While DHS is able to assess the costs 

and benefits of premium processing for 

the forms and classifications for which 

it is currently available, it is more 

difficult to assess when DHS will be 

able to expand the availability of 

premium processing to all of the newly 

designated immigration benefit request 

types. Due to the statutory requirement 

that the expansion of availability of 

premium processing should not result 

in increased processing times for 

immigration benefit requests not 

designated for premium processing or 

an increase in regular processing of 

immigration benefit requests so 

designated, DHS must first raise 

sufficient funds to ensure it has the 

staffing and information technology (IT) 

resources to expand premium 

processing availability to avoid such an 

increase to any processing times. The 

current (non-premium) processing times 

for the newly designated immigration 

benefit requests exceed the proposed 

premium processing timeframes by 

many months, as expected. 

DHS generally is unable to reallocate 

staff to adjudicate these immigration 

benefit requests without adversely 

affecting processing times for other 

immigration benefit requests. Therefore, 

DHS must hire and train new staff with 

revenue from current premium 

processing requests in order to expand 

expedited adjudication of premium 

processing consistent with the statutory 

requirement that other processing times 

not be adversely affected. 

Furthermore, Section 3401 of the 

Stabilization Act authorizes USCIS to 

use fee revenue for the following, 

competing purposes: To provide 

premium processing services to 

requestors, to make infrastructure 

improvements in adjudications 

processes and the provision of 

information and services to immigration 

and naturalization benefit requestors, to 

respond to adjudication demands, 

including by reducing the number of 

pending immigration and naturalization 

benefit requests, and to otherwise offset 

the cost of providing adjudication and 

naturalization services. Prior to 

expansion, any revenues in excess of 

costs generated by premium processing 

will be used to support other authorized 

uses. Section 3402 of the Stabilization 

Act additionally directs USCIS to 

provide a 5-year plan for improvements 

in electronic filing, electronic payment, 

and electronic correspondence resulting 

in improved processing times for all 

immigration and naturalization benefit 

requests. In accordance with these 

authorizations and directives, DHS has 

prioritized and is in the process of 

expanding electronic filing for all 

applications and benefit requests. Some 

of the immigration benefit requests 

newly designated for premium 

processing are already filed 

electronically.58

The expansion of electronic filing to 

application and benefit requests is a 

prerequisite so that the premium 

processing form, Form I–907, (which is 

not currently available electronically) 

could be filed electronically with the 

benefit request form for which premium 

processing is being requested. USCIS 

plans to encumber additional IT 

resources needed to make the I–907 

available for electronic filing 

independent of this rule. USCIS intends 

to implement expansion of premium 

processing availability of Forms I–539, 

I–765 and I–140 as soon as feasible. 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18235 

DHS plans on a phased implementation 

strategy to allow current premium 

processing revenue to pay for 

development and implementation costs 

associated with expanding availability 

of the service. DHS plans to implement 

expansion for certain categories of 

Forms I–539, I–765 and both of the new 

I–140 classifications in FY 2022. DHS 

estimates that it will not be able to 

expand premium processing to the 

additional categories of Forms I–539 

and I–765 until FY 2025 due to the 

possibility that premium processing 

revenues do not yet exist to cover any 

potential costs of hiring additional staff 

to expand premium processing to these 

additional categories without adversely 

affecting other benefit’s processing 

times, as directed by Congress. This is 

explained in greater detail in the 

‘‘Government Costs’’ section below. The 

projected implementation plan will 

allow current premium processing 

revenue to cover potential costs from 

the expedited processing of a large 

volume of new requests. 

For the 10-year implementation 

period of the rule if year one is FY 2021, 

DHS estimates the annualized cost to be 

$13 million discounted at 3 percent and 

$12 million discounted at 7 percent. 

These costs are from the opportunity 

costs of time that newly eligible 

populations of Forms I–140, I–539, and 

I–765 will incur to request premium 

processing. 

For the 10-year implementation 

period of the rule, DHS estimates the 

annualized transfer payments from the 

Form I–129 and Form I–140 fee-paying 

population, and from newly eligible 

classifications of Form I–140 

petitioners, Form I–539 applicants and 

Form I–765 applicants to DHS to be 

$743 million discounted at 3 percent 

and $729 million discounted at 7 

percent due to the increase in filing fees. 

This final rule benefits petitioners of 

Form I–140 (EB–1, multinational 

executives and managers and EB–2, 

members of professions with advanced 

degrees or exceptional ability seeking a 

national interest waiver) who were 

previously ineligible for premium 

processing to receive a quicker 

adjudication. This change benefits 

businesses that previously would have 

had to wait longer to receive a decision 

(such as a notice of approval) for an 

employee. It also benefits applicants of 

Form I–539 who will have the option to 

receive a decision on their request for a 

change of status or extension of stay 

sooner than before, which may alleviate 

concern about lapses in their 

nonimmigrant status. Applicants of 

Form I–765 would benefit through 

receipt of an adjudicative decision in a 

specified timeframe making those 

applicants eligible to work legally in the 

United States sooner than they would 

have previously. 

Table 1 provides a more detailed 

summary of the final rule provisions 

and their impacts. 

TABLE 1—SUMMARY OF PROVISIONS AND IMPACTS OF THE FINAL RULE

Final rule provisions Description of change to provision Estimated costs/transfers of provisions Estimated benefits of provisions 

• Codify fee increases from the 

Continuing Appropriations Act, 

2021 and Other 

Extensions Act. 

• The Continuing Appropriations Act, 

2021 and Other Extensions Act, expanded USCIS authority to establish 

and collect new premium processing 

fees and to use those additional 

funds for expanded purposes. 

• Codifies existing premium processing 

fees and processing timeframes for 

certain classifications requested on 

Form I–129 classifications (E–1, E–2, 

E–3, H–1B, H–3, L–1A, L–1B, LZ, 

O–1, O–2, P–1, P–1S, P–2, P–2S, 

P–3, P–3S, Q–1, TN–1, and TN–2) 

and Form I–140 classifications: EB–1 

Aliens of extraordinary ability, EB–1 

Outstanding professors and researchers, EB–2 Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver, EB–3 Skilled 

workers, EB–3 Professionals, EB–3 

Workers other than skilled workers 

and professionals ($2,500/15 days). 

• Codifies existing premium processing 

fees and processing timeframes for 

certain classifications requested on 

Form I–129 classifications H–2B, R– 

1 ($1,500/15 days). 

Quantitative: Petitioners— 

• Annual transfer payments of $306,448,000 from 

Form I–129 petitioners to DHS from an increase in 

filing fees in FY 2021. 

• Annual estimated transfer payments of 

$295,113,180 from Form I–129 petitioners to DHS 

from a projected increase in filing fees in FY 2022 

through FY 2030. 

• Annual transfer payments of $103,111,500 from 

Form I–140 petitioners to DHS from an increase in 

filing fees in FY 2021. 

• Annual estimated transfer payments of $82,872,920 

from Form I–140 petitioners to DHS from a projected increase in filing fees in FY 2022 through FY 

2030. 

DHS/USCIS— 

• None. 

Qualitative: Petitioners— 

• None. 

DHS/USCIS— 

• None. 

Quantitative: Petitioners— 

• None. 

DHS/USCIS— 

• None. 

Qualitative: Petitioners— 

• None. 

DHS/USCIS— 

• The primary benefit of these provisions to DHS is the opportunity 

to increase revenue in order to 

make infrastructure improvements and processing times, 

among other purposes. 

• Expansion of premium processing 

to Form I–140 

Classifications: 

E13, E21 (NIW). 

• Establishes a $2,500 premium processing fee and 45-day processing 

timeframe for newly eligible Form I– 

140 Classifications: EB–1, multinational executives and managers, 

and EB–2, members of professions 

with advanced degrees or exceptional ability seeking a national interest waiver. 

Quantitative: Petitioners— 

• Cost to petitioners completing and filing Form I–907 

requests will be approximately $2,934,568 annually 

in FY 2022 through FY 2030. 

• Annual transfer payments of $94,427,500 from 

newly eligible Form I–140 petitioners to DHS due to 

filing fees in FY 2022 through FY 2030. 

DHS/USCIS— 

• None. 

Qualitative: Petitioners— 

• None. 

DHS/USCIS— 

• None. 

Quantitative: Petitioners— 

• None. 

DHS/USCIS— 

• None. 

Qualitative: Petitioners— 

• Petitioners requesting benefit requests that were not previously 

designated for premium processing may now be able to obtain quicker adjudicative action. 

DHS/USCIS— 

• The primary benefit of this provision to DHS is the opportunity to 

increase revenue in order to 

make infrastructure improvements and processing times, 

among other purposes. 


khammond on DSKJM1Z7X2PROD with RULES
18236 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

TABLE 1—SUMMARY OF PROVISIONS AND IMPACTS OF THE FINAL RULE—Continued 

Final rule provisions Description of change to provision Estimated costs/transfers of provisions Estimated benefits of provisions 

• Expansion of premium processing 

to Form I–539 

Classifications: 

E–1, E–2, E–3, 

F–1, F–2, H–4, J– 

1, J–2, L–2, M–1, 

M–2, O–3, P–4, 

R–2. 

• Establishes a $1,750 premium processing fee and 30-day processing 

timeframe for newly eligible Form I– 

539 Classifications: E–1, E–2, E–3, 

F–1, F–2, H–4, J–1, J–2, L–2, M–1, 

M–2, O–3, P–4, R–2. 

Quantitative: Applicants— 

• Costs to F–1, F–2, J–1, J–2, M–1, M–2 classification applicants completing and filing Form I–907 requests are estimated to be $296,648 annually starting in FY 2022 through FY 2030. 

• Costs to E–1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 

classification applicants completing and filing Form 

I–907 requests are estimated to be $3,048,488 annually starting in FY 2025 through FY 2030. 

• Total Costs to all Form I–539 applicants completing 

and filing Form I–907 requests are estimated to be 

$3,345,136 annually starting in FY 2025 through FY 

2030. 

• Annual estimated transfer payments of $17,939,250 

from Form I–539 F–1, F–2, J–1, J–2, M–1, M–2 

classification applicants completing and filing Form 

I–907 requests to DHS from filing fees in FY 2022 

through FY 2030. 

Quantitative: Applicants— 

• None. 

DHS/USCIS— 

• None. 

Qualitative: Applicants— 

• Applicants requesting benefit requests that were not previously 

designated for premium processing may now be able to obtain quicker adjudicative action. 

DHS/USCIS— 

• The primary benefit of this provision to DHS is the opportunity to 

make infrastructure improvements and processing times, 

among other purposes. 

• Annual estimated transfer payments of 

$110,572,000 from Form I–539 E–1, E–2, E–3, L–2, 

H–4, O–3, P–4, R–2 classification applicants completing and filing Form I–907 requests to DHS from 

filing fees starting in FY 2025 through FY 2030. 

• Total transfers from all Form I–539 applicants completing and filing Form I–907 requests are estimated 

to be $128,511,250 annually starting in FY 2025 

through FY 2030. 

DHS/USCIS— 

• None. 

Qualitative: Applicants— 

• None. 

DHS/USCIS— 

• This final rule will require USCIS enhancements to 

handle the projected volumes of expedited requests 

without adverse impact to other processing times. 

• Expansion of premium processing 

to Form I–765 

Categories. 

• Establishes a $1,500 premium processing fee and 30-day processing 

timeframe for newly eligible Form I– 

765 Categories. 

Quantitative: Applicants— 

• Costs to some applicants completing and filing Form 

I–907 requests are expected to be approximately 

$6,486,289 annually starting in FY 2022 through FY 

2030 for certain classifications. 

• Costs to other applicants completing and filing Form 

I–907 requests are expected to be approximately 

$3,048,488 annually starting in FY 2025 through FY 

2030 for certain classifications. 

Quantitative: Applicants— 

• None. 

DHS/USCIS— 

• None. 

Qualitative: Applicants— 

• Applicants requesting benefit requests that were not previously 

designated for premium processing will now be able to obtain 

quicker adjudicative action making those applicants eligible to 

work legally in the United States 

sooner than they would have 

previously. 

DHS/USCIS— 

• The primary benefit of this provision to DHS is the opportunity to 

make infrastructure improvements and processing times, 

among other purposes. 

• Total Costs to all Form I–765 applicants completing 

and filing Form I–907 requests are estimated to be 

$9,534,777 annually starting in FY 2025 through FY 

2030. 

• Annual estimated transfer payments of 

$173,370,000 from some applicants completing and 

filing Form I–907 requests to DHS from filing fees in 

FY 2022 through FY 2030. 

• Annual estimated transfer payments of $81,483,000 

from some applicants completing and filing Form I– 

907 requests to DHS from filing fees starting in FY 

2025 through FY 2030. 

• Total transfers from all Form I–765 applicants completing and filing Form I–907 requests are estimated 

to be $254,853,000 annually starting in FY 2025 

through FY 2030. 

DHS/USCIS— 

• None. 

Qualitative: Applicants— 

• None. 

DHS/USCIS— 

• This final rule will require USCIS enhancements to 

handle the projected volumes of expedited requests 

without adverse impact to other processing times. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18237 

59White House, OMB, Circular A–4 (Sept. 17, 

2003), available at https://www.whitehouse.gov/ 

sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf 

(last viewed June 1, 2021). 

In addition to the impacts 

summarized above, and as required by 

OMB Circular A–4, Table 2 presents the 

prepared accounting statement showing 

the costs and benefits to each individual 

affected by this final rule.59

TABLE 2—OMB A–4 ACCOUNTING STATEMENT

[$ millions, FY 2020] 

Time Period: FY 2021 through FY 2030 

Category Primary estimate Minimum estimate Maximum estimate Source citation 

BENEFITS 

Monetized Benefits .............................................. N/A Regulatory Impact Analysis (‘‘RIA’’). 

Annualized quantified, but unmonetized, benefits N/A N/A N/A RIA. 

Unquantified Benefits .......................................... The USCIS Stabilization Act provides specific purposes that the 

premium processing fees can be used for. Consistent with those 

permissible purposes, the primary benefit of this rule to DHS is 

the opportunity to increase revenue to provide the premium 

processing services; make infrastructure improvements in 

adjudications processes and information and services to 

immigration and naturalization benefit requestors; and respond 

to adjudication demands. 

RIA. 

This final rule benefits petitioners of Form I–140 (EB–1, 

multinational executives and managers and EB–2, members of 

professions with advanced degrees or exceptional ability 

seeking a national interest waiver) who were previously 

ineligible for premium processing and may now have their 

petitions reviewed quicker. As a result, an adjudicative action 

may be taken more quickly. This change benefits businesses 

that previously would have had to wait longer to receive 

adjudicative action (such as a notice of approval) for an 

employee. It also benefits applicants of Form I–539 would 

receive an adjudicative action on their request for a change of 

status or extension of stay sooner than before, which may 

alleviate concern about lapses in their nonimmigrant status. 

Applicants of Form I–765 would benefit through receipt of an 

adjudicative decision in a specified timeframe making those 

applicants eligible to work legally in the United States sooner 

than they would have previously. 

COSTS 

Annualized monetized costs (7%) ....................... $12.2 N/A N/A RIA. 

Annualized monetized costs (3%) ....................... $12.7 N/A N/A 

Annualized quantified, but unmonetized, costs ... N/A 

Qualitative (unquantified) costs ........................... This final rule will require USCIS enhancements to handle the 

projected volumes of expedited requests without adverse impact 

to other processing times. DHS must hire and train new staff 

with revenue from current premium processing requests in order 

to expand expedited adjudication of premium processing 

consistent with the statutory requirement that other processing 

times not be adversely affected. DHS does not know how much 

it will cost to add new categories to apply for premium 

processing, and these costs are unquantified. The quantified 

transfers from Form I–129 and Form I–140 petitioners/applicants 

to DHS will result in higher revenue collected by USCIS. USCIS 

anticipates this additional revenue would cover any future 

expenditures required for staffing and training purposes. 

RIA. 

TRANSFERS 

Annualized monetized transfers (7%) ................. $729.3 N/A N/A 

Annualized monetized transfers (3%) ................. $743.2 N/A N/A 

From whom to whom? From the fee-paying petitioners of Form I–129 and Form I–140 

to DHS. 

From whom to whom? 

Miscellaneous Analyses/Category Effects Source Citation 

Effects on State, local, or tribal governments ..... None. RIA. 

Effects on small businesses ................................ None. RIA. 

Effects on wages ................................................. None. None. 


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I I 

I I 

I I 
18238 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

60See USCIS Stabilization Act, Public Law 116– 

159 (Oct. 1, 2020). 

61 Id. 62 Id. 63 Id. 

TABLE 2—OMB A–4 ACCOUNTING STATEMENT—Continued 

[$ millions, FY 2020] 

Time Period: FY 2021 through FY 2030 

Category Primary estimate Minimum estimate Maximum estimate Source citation 

Miscellaneous Analyses/Category Effects Source Citation 

Effects on growth ................................................. None. None. 

(2) Background 

On October 1, 2020, the Continuing 

Appropriations Act, 2021 and Other 

Extensions Act, which contained the 

USCIS Stabilization Act, was signed 

into law.60 The USCIS Stabilization Act 

amended section 286(u) of the INA, 8 

U.S.C. 1356(u), to raise the premium 

processing fees for immigration benefit 

types designated for premium 

processing on or before August 1, 2020, 

and to expand the immigration benefit 

requests that may be designated for 

premium processing service within 

prescribed limitations, among other 

changes.61

Through this rulemaking, DHS is 

amending DHS premium processing 

regulations to codify those fees set by 

the USCIS Stabilization Act in section 

286(u)(3)(A) of the INA, 8 U.S.C. 

1356(u)(3)(A), and to establish new 

immigration benefit requests designated 

for premium processing under section 

286(u)(3)(B) of the INA, 8 U.S.C. 

1356(u)(3)(B), consistent with those 

conditions and eligibility requirements 

set forth by section 4102(b)(1) of the 

USCIS Stabilization Act.62

(3) Population 

USCIS’ premium processing service 

currently allows petitioners to pay an 

additional filing fee to expedite the 

adjudication of certain employmentbased immigration benefit requests. The 

Continuing Appropriations Act, which 

included the USCIS Stabilization Act, 

set new fees for the premium processing 

of immigration benefit requests 

designated for premium processing as of 

August 1, 2020, and provided authority 

to establish new immigration benefit 

requests designated for premium 

processing and the associated fees.63

This final rule will codify the new fees 

from the USCIS Stabilization Act into 

regulation and impose costs related to 

the newly eligible population filing 

Form I–907, Request for Premium 

Processing Service, for those 

immigration benefit requests designated 

for premium processing by this rule. 

Table 3 shows the estimated total 

receipts received and refunds issued by 

USCIS for Form I–907 from fiscal year 

(‘‘FY’’) 2017 through FY 2021. During 

this period, total annual receipts for 

Form I–907 ranged from a low of 

307,981 in FY 2017 to a high of 412,836 

in FY 2019. Based on a 5-year annual 

average, DHS estimates the annual 

receipts for Form I–907 to be 365,521. 

In addition, the total number of refunds 

issued for Form I–907 decreased to 151 

in FY 2021 from a high of 1,055 in FY 

2017, with a 5-year annual average of 

457 Form I–907 issued refunds. USCIS 

presents data on refunds issued by 

USCIS because USCIS currently 

guarantees processing for these requests 

within 15 days to petitioners who chose 

to pay the additional fee to request this 

service. The 15-day period generally 

begins when USCIS properly receives 

the correct version of Form I–907, 

Request for Premium Processing 

Service, with fee, at the correct filing 

address. Within the 15-day period, 

USCIS will issue either an approval 

notice, denial notice, notice of intent to 

deny, or request for evidence, or open 

an investigation for fraud or 

misrepresentation. If the benefit request 

requires the submission of additional 

evidence or a response to a notice of 

intent to deny, a new 15-day period 

begins when USCIS receives a complete 

response to the request for evidence or 

notice of intent to deny. The premium 

processing fee is required to be paid in 

addition to, and in a separate remittance 

from, other filing fees, and cannot be 

waived. If USCIS did not take any of the 

above actions within the 15-day 

processing service timeframe, USCIS 

refunds the premium processing fee. 

This rule allows USCIS up to 45-days 

for premium processing of Form I–140 

requesting EB–1 immigrant 

classification as a multinational 

executive or manager or EB–2 

immigrant classification as member of 

professions with advanced degrees or 

exceptional ability seeking a national 

interest waiver (NIW) and allows USCIS 

up to 30 days for premium processing 

of Form I–539 and Form I–765. This 

change from the standard premium 

processing timeframe of 15 days reduces 

the risk that expansion of premium 

processing to new populations would 

result in a disproportionate increase in 

refunds beyond the levels shown in 

Table 3. This expansion in timeframe 

will not result in longer wait times for 

individuals requesting premium 

processing since the affected population 

is only a relatively small percentage of 

people whose adjudication would have 

required more time (0.1-percent) and 

therefore would have been refunded. As 

a result of this final rule, USCIS refunds 

will not increase for individuals 

requesting premium processing. 

TABLE 3—FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, RECEIPTS AND REFUNDS ISSUED, FY 2017 

THROUGH FY 2021 

FY 

Form I–907 receipts Form I–907 refunds * 

Form I–129 Form I–140 Total Form I–129 Form I–140 Total 

2017 ......................................................................... 236,499 71,482 307,981 968 87 1,055 

2018 ......................................................................... 292,294 78,215 370,509 123 101 224 

2019 ......................................................................... 333,160 79,676 412,836 255 48 303 

2020 ......................................................................... 276,052 64,264 340,316 499 51 550 

2021 ......................................................................... 300,200 97,275 397,475 42 109 151 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18239 

64See ‘‘How Do I Request Premium Processing?’’ 

https://www.uscis.gov/forms/all-forms/how-do-irequest-premium-processing (last updated Apr. 12, 2021). 

TABLE 3—FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, RECEIPTS AND REFUNDS ISSUED, FY 2017 

THROUGH FY 2021—Continued 

FY 

Form I–907 receipts Form I–907 refunds * 

Form I–129 Form I–140 Total Form I–129 Form I–140 Total 

Total ................................................................. 1,438,205 390,912 1,829,117 1,887 396 2,283 

5-year Average ......................................... 287,641 78,182 365,823 377 79 457 

Source: USCIS, OP&S PRD, CLAIMS3 and ELIS database, October 13, 2021. 

Notes: * The report reflects the most up-to-date data available at the time the system was queried. Any duplicate case information has been 

removed. 

Table 4 shows the percentage of the 

eligible Form I–140 petitioners who 

chose to submit a premium processing 

request from FY 2017 through FY 2021. 

The following classifications are 

currently designated for premium 

processing: EB–1 Aliens of 

extraordinary ability, EB–1 Outstanding 

professors and researchers, EB–2 

Members of professions with advanced 

degrees or exceptional ability not 

seeking a National Interest Waiver, EB– 

3 Skilled workers, EB–3 Professionals, 

and EB–3 Workers other than skilled 

workers and professionals.64 Currently 

not all Form I–140 petitioners are 

eligible for premium processing, 

therefore DHS only discusses the 

percentage of those who are eligible for 

premium processing compared to the 

total number of premium processing 

requests submitted. The population in 

Table 3 consist of all Form I–140 

petitions that are submitted with a Form 

I–907. However, in FY 2020 of the 

64,264 receipts 35,367 were ineligible 

and 28,897 were eligible. In FY 2020 

there were 129,536 total receipts for 

Form I–140. Of those 64,501 are 

currently ineligible and 65,035 are 

eligible for premium processing. The 5- 

year annual average percentage of 

eligible Form I–140 petitioners who 

chose to submit a premium processing 

request was 52 percent. In FY 2021, 

there were significantly more Form I– 

140 petitions submitted compared to 

previous years; however, the percentage 

of Form I–140 petitions filed with a 

Form I–907 has stayed consistent over 

the past 5 years. 

TABLE 4—FORM I–140 RECEIPTS ELIGIBLE FOR PREMIUM PROCESSING, FY 2017 THROUGH FY 2021 

FY 

Total Form I–140 

petitions eligible for 

premium processing 

Total Form I–140 

petitions submitted 

with Form I–907 

Percentage of Form 

I–907 receipts 

2017 ......................................................................................................... 60,255 32,674 54 

2018 ......................................................................................................... 62,266 35,875 58 

2019 ......................................................................................................... 70,218 34,898 50 

2020 ......................................................................................................... 65,035 28,897 44 

2021 ......................................................................................................... 112,070 58,359 52 

Total .................................................................................................. 369,844 190,703 ....................................

5-year Annual Average ............................................................. 73,969 38,141 52 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 13, 2021. 

Note: Form I–140 eligible petitioners include the following classifications are currently designated for premium processing: EB–1 Aliens of extraordinary ability, EB–1 Outstanding professors and researchers, EB–2 Members of professions with advanced degrees or exceptional ability not 

seeking a National Interest Waiver, EB–3 Skilled workers, EB–3 Professionals, and EB–3 Workers other than skilled workers and professionals. 

Table 5 shows the percentage of the 

eligible Form I–129 petitioners who 

chose to submit a premium processing 

request along with their Form I–129 

petitions from FY 2017 through FY 

2021. The 5-year annual average 

percentage of eligible Form I–129 

petitioners who choose to submit a 

premium processing request was 53- 

percent. 

TABLE 5—FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, FILED WITH FORM I–129, PETITION FOR A

NONIMMIGRANT WORKER, FY 2017 THROUGH FY 2021 

FY Total Form I–129 

receipts 

Total Form I–129 

petitions submitted 

with Form I–907 

Percentage of Form 

I–907 receipts that 

come with Form I–129 

2017 ......................................................................................................... 530,812 236,499 45

2018 ......................................................................................................... 548,950 292,296 53

2019 ......................................................................................................... 551,840 333,160 60

2020 ......................................................................................................... 555,093 274,864 50

2021 ......................................................................................................... 531,818 300,200 56


khammond on DSKJM1Z7X2PROD with RULES
18240 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

65See Instructions for Petition for Nonimmigrant 

Worker. Form I–129. OMB No. 1615–0009 Expires 

Sept. 30, 2021. Accessed at https://www.uscis.gov/ 

sites/default/files/document/forms/i-129instr.pdf 

(last updated Mar. 10, 2021). 

66Calculation: 287,404 Total I–129 Forms filed 

with an I–907 (See Table 5—Total Form I–129 

Petitions submitted with Form I–907) divided by 

365,823 Total Form I–907 filed = 78.6 percent. 

TABLE 5—FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, FILED WITH FORM I–129, PETITION FOR A

NONIMMIGRANT WORKER, FY 2017 THROUGH FY 2021—Continued 

FY Total Form I–129 

receipts 

Total Form I–129 

petitions submitted 

with Form I–907 

Percentage of Form 

I–907 receipts that 

come with Form I–129 

Total .................................................................................................. 2,718,513 1,437,019 ....................................

5-year Annual Average ............................................................. 543,703 287,404 53 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 13, 2021. 

To estimate the probability that an 

eligible petitioner may choose to request 

premium processing, DHS computes a 

ratio of the 5-year annual average 

number of requests to the 5-year annual 

average number of eligible petitioners. 

Table 6 shows that of those currently 

eligible for premium processing, 53- 

percent chose to submit a premium 

processing request. For purposes of this 

analysis, DHS assumes that demand rate 

will carry forward and will use this 

percentage to estimate the possible 

adoption volumes of the newly eligible 

Form I–539 and I–765 applicants. 

TABLE 6—PERCENTAGE OF PREMIUM PROCESSING REQUESTS, FY 2017 THROUGH FY 2021 

5-year annual 

average of Forms 

submitted with Form 

I–907 

5-year annual 

average of total 

receipts by Form 

Percentage of Form 

I–907 receipts 

Form I–140 .............................................................................................. 38,141 73,969 52 

Form I–129 .............................................................................................. 287,404 543,703 53 

Total .................................................................................................. 325,545 617,672 53 

Source: USCIS Analysis. 

(4) Costs, Transfers, and Benefits of the 

Final Rule 

(a) Form I–129, Petition for a 

Nonimmigrant Worker, Transfer 

Payments 

Currently, petitioners requesting 

certain benefits on Form I–129, Petition 

for a Nonimmigrant Worker, are eligible 

to also submit a request for premium 

processing with their immigration 

benefit request. Table 7 shows the 

population of petitioners who submitted 

Form I–907 with Form I–129 65 based on 

the corresponding nonimmigrant 

classifications from FY 2017 through FY 

2021. The USCIS Stabilization Act 

increased the premium processing fees 

for Form I–129. The premium 

processing fee for H–2B or R–1 

nonimmigrant status was increased from 

$1,440 to $1,500, an increase of $60, 

which represents a 4.2-percent increase. 

The premium fee for all other available 

Form I–129 classifications (E–1, E–2, E– 

3, H–1B, H–3, L–1A, L–1B, LZ, O–1, O– 

2, P–1, P–1S, P–2, P–2S, P–3, P–3S, Q– 

1, TN–1, and TN–2) was increased from 

$1,440 to $2,500, and increase of $1,060, 

which represents a 73.6-percent 

increase. Because the fee for premium 

processing for the Form I–129 H–2B and 

R–1 classifications was increased by a 

different amount than for all other Form 

I–129 classifications, the data for the 

Form I–129 H–2B and R–1 

classifications data was separated from 

the data for all other classifications. 

During this period, total annual receipts 

for Form I–907 with Form I–129 H–2B 

or R–1 classifications ranged from a low 

of 7,067 in FY 2020 to a high of 11,764 

in FY 2021. Based on a 5-year annual 

average, DHS estimates the annual 

receipts from Form I–907 filed with 

Form I–129 H–2B or R–1 classifications 

to be 9,024. 

During this period, total annual 

receipts for Form I–907 filed with all 

other available Form I–129 

classifications (E–1, E–2, E–3, H–1B, H– 

3, L–1A, L–1B, LZ, O–1, O–2, P–1, P– 

1S, P–2, P–2S, P–3, P–3S, Q–1, TN–1, 

and TN–2) ranged from a low of 227,289 

in FY 2017 to a high of 322,656 in FY 

2019. Based on a 5-year annual average, 

DHS estimates the annual receipts for 

Form I–907 associated with all other 

Forms I–129 to be 287,404, which 

represents 78.6-percent of all filed Form 

I–907 receipts.66

TABLE 7—FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, FILED WITH FORM I–129, PETITION FOR A

NONIMMIGRANT WORKER, FY 2017 THROUGH FY 2021 

FY Form I–129 H–2B or 

R–1 request receipts 

Form I–129 all 

other visa request 

receipts * 

Total Form I–907 

receipts 

2017 ......................................................................................................... 9,210 227,289 236,499 

2018 ......................................................................................................... 9,127 283,169 292,296 

2019 ......................................................................................................... 10,504 322,656 333,160 

2020 ......................................................................................................... 7,067 267,797 274,864 


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67See USCIS Stabilization Act, Public Law 116– 

159 (Oct. 1, 2020). 68See id.; On October 16, 2020, USCIS issued a 

web alert notifying the public that USCIS would 

increase fees for premium processing, effective 

October 19, 2020, as required by the Continuing 

Appropriations Act, 2021 and Other Extensions 

Act, Public Law 116–159, signed into law on 

October 1, 2020. https://www.uscis.gov/news/ 

premium-processing-fee-increase-effective-oct-19- 

2020 (last updated Oct. 16, 2020). 

69Calculation: 11,764 annual Form I–129 H–2B or 

R–1 applications * $60 ($1,500 fee¥$1,440) = 

$705,840. 

70Calculation: 288,436 annual Form I–129 

applications for other than H–2B and R–1 status * 

$1,060 ($2,500 fee¥$1,440) = $305,742,160. 

71Calculation: 9,534 average annual Form I–129 

H–2B or R–1 applications * $60 ($1,500 

fee¥$1,440) = $572,040. 

72Calculation: 277,869 average annual Form I– 

129 applications for other than H–2B and R–1 status 

* $1,060 ($2,500 fee¥$1,440) = $294,541,140. 

TABLE 7—FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, FILED WITH FORM I–129, PETITION FOR A

NONIMMIGRANT WORKER, FY 2017 THROUGH FY 2021—Continued 

FY Form I–129 H–2B or 

R–1 request receipts 

Form I–129 all 

other visa request 

receipts * 

Total Form I–907 

receipts 

2021 ......................................................................................................... 11,764 288,436 300,200 

Total .................................................................................................. 47,672 1,389,347 1,437,019 

5-year Annual Average ............................................................. 9,534 277,869 287,404 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 13, 2021. 

* Note: All other includes the following classifications: E–1, E–2, E–3, H–1B, H–2A, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2, P–2S, 

P–3, P–3S, Q–1, TN–1, and TN–2. 

H–2B or R–1 equals 3.3% and All other I–129 equals 96.7%. of Total Form I–907 Receipts filed with a Form I–129 petition. 

On October 1, 2020, the Continuing 

Appropriations Act, which included the 

USCIS Stabilization Act, was signed 

into law. The USCIS Stabilization Act 

set new fees for premium processing of 

immigration benefit requests that had 

been designated for premium processing 

as of August 1, 2020, and expanded 

DHS authority to establish and collect 

new premium processing fees, and to 

use those additional funds for expanded 

purposes.67 Table 7 shows that in FY 

2021 when the fee was increased, Form 

I–129 petitioners were still willing to 

pay for premium processing. This 

provides suggestive evidence that 

petitioners’ demand for premium 

processing is insensitive to the price 

increases effected by this rule. 

Consequently, projections of demand for 

expanded premium processing 

presented in this analysis do not 

anticipate a quantifiable price response. 

The fee for premium processing for 

those petitioners requesting H–2B or R– 

1 nonimmigrant status was increased 

from $1,440 to $1,500, an increase of 

$60, which represents a 4.2-percent 

increase.68 DHS collected an additional 

$705,840 69 from the new, higher 

premium processing fees associated 

with Form I–129 requests from the H– 

2B or R–1 nonimmigrant status fee 

paying population in annual transfer 

payments for FY 2021 to DHS. The fee 

for all other Form I–129 petitioners 

requesting premium processing was 

increased from $1,440 to $2,500, an 

increase of $1,060, which represents a 

73.6- percent increase. DHS collected an 

additional $305,742,160 70 in transfer 

payments from premium processing 

requestors filing Form I–129 for all other 

visa classifications to DHS in FY 2021. 

The total increase in transfer payments 

from the Form I–129 fee-paying 

population to DHS in FY 2021 was 

$306,448,000 as shown in Table 8. 

TABLE 8—FEES FOR FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, FILED WITH FORM I–129, PETITION

FOR A NONIMMIGRANT WORKER, FY 2021 

Period of analysis FY 2021 Fee Total 

Pre-Appropriations Act (Baseline Costs) ............................................................................. 11,764 $1,440 $16,940,160 

Post-Appropriations Act ....................................................................................................... 11,764 1,500 17,646,000 

Change in Transfer Payments for Form I–129 H–2B or R–1 ...................................... ................................ ........................ 705,840 

Pre-Appropriations Act (Baseline Costs) ............................................................................. 288,436 1,440 415,347,840 

Post-Appropriations Act ....................................................................................................... 288,436 2,500 721,090,000 

Change in Transfer Payments for Form I–129 All Other * ........................................... ................................ ........................ 305,742,160 

Total Change in Transfer Payments for Form I–129 in FY 2021 ......................... ................................ ........................ 306,448,000 

Source: USCIS Analysis. 

* Note: All other includes the following classifications (E–1, E–2, E–3, H–1B, H–2A, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2, P–2S, 

P–3, P–3S, Q–1, TN–1, and TN–2). 

DHS estimates the new premium 

processing fees associated with Form I– 

129 requests for H–2B or R–1 

nonimmigrant status will result in 

$572,040 71 in additional annual transfer 

payments from the Form I–129 H–2B 

and R–1 fee-paying population to DHS. 

The fee for all other Form I–129 

petitioners requesting premium 

processing was increased from $1,440 to 

$2,500, an increase of $1,060. DHS 

estimates increased annual transfer 

payments from premium processing 

requestors filing Form I–129 for all other 

visa classifications to DHS will be 

$294,541,140 in FY 2022 through FY 

2030.72 The total annual increased 

transfer payments from the Form I–129 

fee-paying population to DHS is 

$295,113,180 from a projected increase 

in filing fees in FY 2022 through FY 


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73See Instructions for Petition for Nonimmigrant 

Worker. Form I–129. OMB No. 1615–0009 Expires 

Sept. 30, 2021. Accessed at https://www.uscis.gov/ 

sites/default/files/document/forms/i-129instr.pdf 

(last updated Mar. 10, 2021). The USCIS 

Stabilization Act did not change the time burden to 

complete any of the classifications for Form I–129, 

nor form fee. The public reporting burden for this 

collection of information is in the form instructions. 

74See Instructions for Petition for Alien Workers. 

Form I–140. OMB No. 1615–0015 Expires June 30, 

2022. Accessed at https://www.uscis.gov/sites/ 

default/files/document/forms/i-140instr.pdf (last 

updated Sep. 30, 2020). 

75See ‘‘How Do I Request Premium Processing?’’ 

https://www.uscis.gov/forms/all-forms/how-do-irequest-premium-processing (last updated Apr. 12, 

2021). 

2030, shown in Table 9. From a societal 

perspective, the opportunity cost 

measures represent social costs, while 

the filing fees represent transfers from 

applicants to the government.73

TABLE 9—FEES FOR FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, FILED WITH FORM I–129, PETITION

FOR A NONIMMIGRANT WORKER, FY 2022 THROUGH FY 2030 

Period of analysis 

5-Year annual 

average 

(FY 2017 

through FY 2021) 

Fee Total 

Pre-Appropriations Act (Baseline Costs) ............................................................................. 9,534 $1,440 $13,728,960 

Post-Appropriations Act ....................................................................................................... 9,534 1,500 14,301,000 

Annual Change in Transfer Payments for Form I–129 H–2B or R–1 ......................... ................................ ........................ 572,040 

Pre-Appropriations Act (Baseline Costs) ............................................................................. 277,869 1,440 400,131,360 

Post-Appropriations Act ....................................................................................................... 277,869 2,500 694,672,500 

Annual Change in Transfer Payments for Form I–129 All Other * .............................. ................................ ........................ 294,541,140 

Total Annual Change in Transfer Payments for Form I–907 in FY 2022 through 

FY 2030 ............................................................................................................. ................................ ........................ 295,113,180 

Source: USCIS Analysis. 

* Note: All other includes the following classifications (E–1, E–2, E–3, H–1B, H–2A, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2, P–2S, 

P–3, P–3S, Q–1, TN–1, and TN–2). 

(b) Form I–140, Immigrant Petition for 

Alien Workers, Transfer Payments 

Table 10 shows the population of 

petitioners who submitted Form I–907, 

Request for Premium Processing 

Service, with Form I–140, Immigrant 

Petition for Alien Workers,74 based on 

the corresponding employment-based 

(EB) classifications that are currently 

designated for premium processing. The 

following classifications are currently 

designated for premium processing: EB– 

1 Aliens of extraordinary ability (E11), 

EB–1 Outstanding professors and 

researchers (E12), EB–2 Members of 

professions with advanced degrees or 

exceptional ability not seeking a 

National Interest Waiver E21 (non-NIW), 

EB–3 Skilled workers (E31), EB–3 

Professionals (E32), and EB–3 Workers 

other than skilled workers and 

professionals (EW3).75

Table 10 also shows the number of 

Form I–140 receipts filed with Form G– 

28, Notice of Entry of Appearance as 

Attorney or Accredited Representative 

(Form G–28) from FY 2017 through FY 

2021. The number of Form G–28 

submissions allows USCIS to estimate 

the cost of time for a petitioner or 

representative to file each form, which 

is addressed in the next section of this 

analysis. During FY 2017 through FY 

2021, total annual receipts from Form I– 

907 filed with Form I–140 ranged from 

a low of 57,969 in FY 2020 to a high of 

88,109 in FY 2021. Based on a 5-year 

annual average, DHS estimates the 

annual receipts of Form I–907 filed with 

Form I–140 to be 71,569. 

TABLE 10—FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE FILED WITH FORM I–140, IMMIGRANT PETITION

FOR ALIEN WORKERS AND THE NUMBER OF FORMS G–28 FILED WITH THOSE FORMS I–907, FY 2017 THROUGH FY 

2021 

FY 

Form I–907 receipts 

received with a 

Form I–140 

Form G–28 

receipts received 

with a Form I–140 

and Form I–907 

Percentage of 

Forms I–140 

requesting premium 

processing and 

filed by an 

attorney or other 

representative 

(Form G–28) 

2017 ......................................................................................................... 71,482 65,453 92 

2018 ......................................................................................................... 78,215 73,168 94 

2019 ......................................................................................................... 79,676 73,144 92 

2020 ......................................................................................................... 64,264 57,969 90 

2021 ......................................................................................................... 97,275 88,109 91 

Total .................................................................................................. 390,912 357,843 ....................................

5-year Annual Average ............................................................. 78,182 71,569 92 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 13, 2021. 


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76See USCIS Stabilization Act; On October 16, 

2020, USCIS issued a web alert notifying the public 

that USCIS would increase fees for premium 

processing, effective October 19, 2020, as required 

by the Continuing Appropriations Act, 2021 and 

Other Extensions Act, Public Law 116–159, signed 

into law on October 1, 2020. https://www.uscis.gov/ 

news/premium-processing-fee-increase-effectiveoct-19-2020 (last updated Oct. 16, 2020). 77See Instructions for Petition for Alien Workers. 

Form I–140. OMB No. 1615–0015 Expires June 30, 

2022. Accessed at https://www.uscis.gov/sites/ 

default/files/document/forms/i-140instr.pdf (last 

updated Sep. 30, 2020). The USCIS Stabilization 

Act did not change the time burden to complete any 

of the classifications for Form I–140, nor form fee. 

The public reporting burden for this collection of 

information is in the form instructions. 

78See ‘‘How Do I Request Premium Processing?’’ 

https://www.uscis.gov/forms/all-forms/how-do-irequest-premium-processing (last updated Apr. 12, 

2021). 

Effective October 1, 2020, the USCIS 

Stabilization Act increased the fee for 

premium processing of all designated 

classifications (Classifications: E11, E12, 

E21 (non-NIW), E31, E32, EW3) 

available with Form I–140, from $1,440 

to $2,500, an increase of $1,060.76

Using the population from FY 2021 of 

97,275 applicants, DHS estimates that as 

a result of the fee increase the additional 

premium processing annual transfer 

payments from the Form I–140 feepaying population to DHS was 

$103,111,500 in FY 2021, shown in 

Table 11. Consistent with demand for 

Form I–129 premium processing, DHS 

observed an increase in premium 

processing requests associated with 

Form I–140 in FY 2021 following 

implementation of the fee increase. This 

corroborates the agency’s experience 

that requestors are insensitive to the 

price increases effected by this rule, and 

will continue to file for premium 

processing. 

TABLE 11—FEES FOR FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, CURRENTLY FILED WITH FORM I– 

140, IMMIGRANT PETITION FOR ALIEN WORKERS * 

Period of analysis FY 2021 Fee Total 

Pre-Appropriations Act (Baseline Costs) ............................................................................. 97,275 $1,440 $140,076,000 

Post-Appropriations Act ....................................................................................................... 97,275 2,500 243,187,500 

Total Transfer Payments .............................................................................................. ................................ ........................ 103,111,500 

Source: USCIS Analysis. 

* Note: Classifications: E11, E12, E21 (non-NIW), E31, E32, EW3. 

Using the historical 5-year annual 

average from FY 2017 through FY 2021 

of 78,182 applicants, DHS estimates that 

as a result of the increase in filing fees 

for premium processing the additional 

annual transfer payments from the Form 

I–140 fee-paying population to DHS will 

be $82,872,920 a projected in FY 2022 

through FY 2030 shown in Table 12. 

From a societal perspective, the 

opportunity cost measures represent 

social costs, while the filing fees 

represent transfers from applicants to 

the government.77

TABLE 12—FEES FOR FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE, CURRENTLY FILED WITH FORM I– 

140, IMMIGRANT PETITION FOR ALIEN WORKERS * 

Period of Analysis 

5-Year annual 

average (FY 2017 

through FY 2021) 

Fee Total 

Pre-Appropriations Act (Baseline Costs) ............................................................................. 78,182 $1,440 $112,582,080 

Post-Appropriations Act ....................................................................................................... 78,182 2,500 195,455,000 

Total Transfer Payments .............................................................................................. ................................ ........................ 82,872,920 

Source: USCIS Analysis. 

* Note: Classifications: E11, E12, E21 (non-NIW), E31, E32, EW3. 

This final rule allows USCIS 45-days 

for premium processing of currently 

eligible Form I–140 requests, instead of 

the existing 15-day timeframe. While 

USCIS is unable to determine how many 

of the 79 Form I–140 premium 

processing refunds issued under the 15- 

day timeframe (Table 3) would be able 

to have their Request for Premium 

Processing completed as a result of this 

change, this would result in a reduction 

of the expected transfer of refunded 

revenues from the government, back to 

those petitioners. 

(c) Form I–140, Immigrant Petition for 

Alien Workers Newly Eligible 

Population, Costs & Transfer Payments 

The following classifications are 

currently designated for premium 

processing: EB–1 Aliens of 

extraordinary ability, EB–1 Outstanding 

professors and researchers, EB–2 

Members of professions with advanced 

degrees or exceptional ability not 

seeking a National Interest Waiver, EB– 

3 Skilled workers, EB–3 Professionals, 

EB–3 Workers other than skilled 

workers and professionals.78 In this 

final rule, DHS is adding two new 

employment-based classifications that 

will be designated for premium 

processing when filing Form I–140. DHS 

is including EB–1, multinational 

executives and managers, and EB–2, 

members of professions with advanced 

degrees or exceptional ability seeking a 

national interest waiver. Petitioners of 

Form I–140 (EB–1, multinational 

executives and managers and EB–2, 

members of professions with advanced 

degrees or exceptional ability seeking a 

national interest waiver) who were 

previously ineligible for premium 

processing may be able to have their 

petitions reviewed more quickly. As a 

result, an adjudicative action may be 

taken more quickly. This change will 

come at a cost of time and money for 

this new population. 

Table 13 shows the total receipts 

received for Form I–140 EB–1, 


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79Calculation: 100 percent¥92 percent filing 

with Form G–28 = 8 percent only filing Form I–140. 

80 DHS uses an outsourced lawyer recognizing 

that not all entities will have in-house counsel and 

may need to hire outside counsel. 

multinational executives, and managers, 

and Form I–140 EB–2, members of 

professions with advanced degrees or 

exceptional ability seeking a national 

interest waiver for FY 2017 through FY 

2021. During this period, total annual 

receipts for Form I–140 with these 

classifications ranged from a low of 

64,501 in FY 2020 to a high of 79,135 

in FY 2017. Based on a 5-year annual 

average, DHS estimates the annual 

receipts for Form I–140 with these two 

classifications to be 72,637. 

TABLE 13—FORM I–140, IMMIGRANT PETITION FOR ALIEN WORKERS, RECEIPTS BY CLASSIFICATION, FY 2017 THROUGH

FY 2021 

FY 

EB–1, multinational 

executives, and 

managers receipts 

EB–2, members of 

professions with 

advanced degrees or 

exceptional ability 

seeking a national 

interest waiver 

receipts 

Total 

2017 ..................................................................................................................... 16,708 62,427 79,135 

2018 ..................................................................................................................... 13,595 61,652 75,247 

2019 ..................................................................................................................... 12,492 65,711 78,203 

2020 ..................................................................................................................... 11,222 53,279 64,501 

2021 ..................................................................................................................... 10,182 55,916 66,098 

Total .............................................................................................................. 64,199 298,985 363,184 

5-year Annual Average ......................................................................... 12,840 59,797 72,637 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 13, 2021. 

DHS recognizes that not all eligible 

petitioners will submit a premium 

processing request, and therefore, DHS 

uses the current percentage of premium 

processing requests compared to the 

number of total receipts from the 

currently eligible population, 52- 

percent, as a proxy of the number of 

newly eligible petitioners that will 

submit a premium processing request 

with Form I–140. DHS estimates 37,771 

petitioners (52 percent of the newly 

eligible population of 72,637) would 

submit a premium processing request 

with their I–140 petition, as shown in 

Table 14. 

TABLE 14—ESTIMATED OF PREMIUM PROCESSING REQUESTS FOR NEWLY ELIGIBLE FORM I–140, IMMIGRANT PETITION

FOR ALIEN WORKERS

Percent of total 

newly eligible 

Form I–140 petitioners 

Newly eligible 

Form I–140 

petitioners 

52 37,771 

Source: USCIS Analysis. 

Petitioners who file Form I–140 with 

a Form G–28 would use a lawyer or 

accredited representative to complete 

any related immigration benefit requests 

or forms. Based on the data from Table 

10, 92 percent of Form I–140 petitions 

were filed with a Form G–28, while the 

remaining 8 percent of Form I–140 

petitions are filed without a Form G– 

28.79 Table 15 shows the total estimated 

population of petitioners who would 

choose to file Form I–140 requesting 

premium processing with an in-house or 

outsourced lawyer using a Form G–28 80

and the total estimated population of 

petitioners who would file Form I–140 

requesting premium processing with a 

Human Resources Specialist. 

TABLE 15—ESTIMATED NEWLY ELIGIBLE FORM I–140, IMMIGRANT PETITION FOR ALIEN WORKERS, POPULATIONS WITH

AND WITHOUT FORM G–28, NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE

Percent 

Estimated Form I–140 

requesting premium 

processing filed by 

an attorney or other 

representative 

(Form G–28) 

(92% of 37,771) 

Estimated Form I–140 

requesting premium 

processing filed by 

an HR specialist 

(8% of 37,771) 

Total 

Population of Newly Eligible Form I–140 Petitioners filing for Premium Processing by Filer Type (52%) .......................................... 34,749 3,022 37,771 

Source: USCIS Analysis. 


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81USCIS limited its analysis to HR specialists, inhouse lawyers, and outsourced lawyers to present 

estimated costs. However, USCIS understands that 

not all entities employ individuals with these 

occupations and, therefore, recognizes equivalent 

occupations may also prepare and file these 

petitions. 

82See Bureau of Labor Statistics, U.S. Department 

of Labor, ‘‘Occupational Employment Statistics, 

May 2020, Human Resources Specialist.’’ Available 

at https://www.bls.gov/oes/2020/may/ 

oes131071.htm. Accessed April 13, 2021. 

83See Bureau of Labor Statistics, U.S. Department 

of Labor, ‘‘Occupational Employment Statistics, 

May 2020, Lawyers.’’ Available at https://

www.bls.gov/oes/2020/may/oes231011.htm. 

Accessed April 13, 2021. 

84The benefits-to-wage multiplier is calculated as 

follows: (Total Employee Compensation per hour)/ 

(Wages and Salaries per hour) ($38.60 Total 

Employee Compensation per hour)/($26.53 Wages 

and Salaries per hour) = 1.454964 = 1.45 (rounded). 

See U.S. Department of Labor, Bureau of Labor 

Statistics, Economic News Release, Employer Cost 

for Employee Compensation (December 2020), 

Table 1. Employer Costs for Employee 

Compensation by ownership (Dec. 2020), available 

at https://www.bls.gov/news.release/archives/ecec_

03182021.htm. (last visited March. 31, 2021). The 

ECEC measures the average cost to employers for 

wages and salaries and benefits per employee hour 

worked. 

85Calculation: $33.38 * 1.45 = $48.40 total wage 

rate for HR specialist. 

86Calculation: $71.59 * 1.45 = $103.81 total wage 

rate for in-house lawyer. 

87Calculation: $71.59 * 2.5 = $178.98 total wage 

rate for an outsourced lawyer. 

88The DHS analysis in, ‘‘Exercise of TimeLimited Authority to Increase the Fiscal Year 2018 

Numerical Limitation for the H–2B Temporary 

Nonagricultural Worker Program’’ (83 FR 24905, 

May 31, 2018), available at https://www.federal

register.gov/documents/2018/05/31/2018-11732/ 

exercise-of-time-limited-authority-to-increase-thefiscal-year-2018-numerical-limitation-for-the, used 

a multiplier of 2.5 to convert in-house attorney 

wages to the cost of outsourced attorney wages. 

The DHS ICE rule, ‘‘Final Small Entity Impact 

Analysis: Safe-Harbor Procedures for Employers 

Who Receive a No-Match Letter’’ at G–4 (Aug. 25, 

2008), available at https://www.regulations.gov/ 

document/ICEB-2006-0004-0922 also uses a 

multiplier. The methodology used in the Final 

Small Entity Impact Analysis remains sound for 

using 2.5 as a multiplier for outsourced labor wages 

in this rule, pages 143–144. 

89The DHS analysis in, ‘‘Exercise of TimeLimited Authority to Increase the Fiscal Year 2018 

Numerical Limitation for the H–2B Temporary 

Nonagricultural Worker Program’’ (83 FR 24905, 

May 31, 2018), available at https://www.federal

register.gov/documents/2018/05/31/2018-11732/ 

exercise-of-time-limited-authority-to-increase-thefiscal-year-2018-numerical-limitation-for-the, used 

a multiplier of 2.5 to convert in-house attorney 

wages to the cost of outsourced attorney wages. 

Also, the analysis for a DHS ICE rule, ‘‘Final 

Small Entity Impact Analysis: Safe-Harbor 

Procedures for Employers Who Receive a No-Match 

Letter’’ at G–4 (Aug. 25, 2008), available at https:// 

www.regulations.gov/document/ICEB-2006-0004- 

0922 used a multiplier. The methodology used in 

the Final Small Entity Impact Analysis remains 

sound for using 2.5 as a multiplier for outsourced 

labor wages in this rule, pages 143–144. 

90See Instructions for Request for Premium 

Processing Service. Form I–907. OMB No. 1615– 

0048 Expires July 31, 2022. Accessed at https://

www.uscis.gov/sites/default/files/document/forms/ 

i-907instr.pdf (last updated Sep. 30, 2020). 

In order to estimate the opportunity 

costs of time for completing and filing 

Form I–907, DHS assumes that a 

petitioner will use a human resources 

(HR) specialist, an in-house lawyer, or 

an outsourced lawyer to prepare Form 

I–907 petitions.81 DHS uses the mean 

hourly wage of $33.38 for HR specialists 

to estimate the opportunity cost of the 

time for preparing and submitting Form 

I–907.82 Additionally, DHS uses the 

mean hourly wage of $71.59 for inhouse lawyers to estimate the 

opportunity cost of the time for 

preparing and submitting Form I–140.83

DHS accounts for worker benefits 

when estimating the total costs of 

compensation by calculating a benefitsto-wage multiplier using the U.S. 

Department of Labor, BLS report 

detailing the average employer costs for 

employee compensation for all civilian 

workers in major occupational groups 

and industries. DHS estimates that the 

benefits-to-wage multiplier is 1.45 and, 

therefore, is able to estimate the full 

opportunity cost per petitioner, 

including employee wages and salaries 

and the full cost of benefits such as paid 

leave, insurance, retirement, etc.84 DHS 

multiplied the average hourly U.S. wage 

rate for HR specialists and in-house 

lawyers by 1.45 to account for the full 

cost of employee benefits, for a total of 

$48.40 85 per hour for an HR specialist 

and $103.81 86 per hour for an in-house 

lawyer. DHS recognizes that a firm may 

choose, but is not required, to outsource 

the preparation of these petitions and, 

therefore, presents two wage rates for 

lawyers. To determine the full 

opportunity costs of time if a firm hired 

an outsourced lawyer, DHS multiplied 

the average hourly U.S. wage rate for 

lawyers by 2.5 for a total of $178.98 87

to approximate an hourly wage rate for 

an outsourced lawyer 88 to prepare and 

submit Form I–907.89

To estimate the opportunity cost of 

time to complete and file Form I–907, 

DHS applies the estimated time burden 

(0.58 hours) to the newly eligible 

population and compensation rates of 

those who may file with or without a 

lawyer.90 Table 16 shows the estimated 

annual opportunity cost of time for 

newly eligible Form I–140 petitioners 

employing an in-house or outsourced 

lawyer to complete and file Form I–907 

requests. DHS does not know the exact 

number of petitioners who will choose 

an in-house or an outsourced lawyer, 

but assumes it may be a 50/50 split and 

therefore provides an average. These 

opportunity costs of time for Form I–140 

petitioners who request premium 

processing using an attorney or other 

representative are estimated to range 

from $2,092,230 to $3,607,238 with an 

average of $2,849,734. 

TABLE 16—AVERAGE OPPORTUNITY COSTS OF TIME TO NEWLY ELIGIBLE FORM I–140 PETITIONERS REQUESTING

PREMIUM PROCESSING FILING WITH AN ATTORNEY OR OTHER REPRESENTATIVE

Newly eligible 

population of 

petitioners 

filing with a 

lawyer 

Time burden 

to complete 

Form I–907 

(hours) 

Cost of time 

Total 

opportunity 

cost 

A B C D = (A × B × C) 

In House Lawyer ($103.81/hr.) ................................................................ 34,749 0.58 $103.81 $2,092,230 

Outsourced Lawyer ($178.98/hr.) ............................................................ 34,749 0.58 178.98 3,607,238 

Average ............................................................................................ .......................... ........................ ........................ 2,849,734 

Source: USCIS Analysis. 

To estimate the remaining 

opportunity cost of time for a HR 

specialist filing Form I–907 without a 

lawyer, DHS applies the estimated 

public reporting time burden (0.58 

hours) to the compensation rate of an 

HR specialist. For those newly eligible, 

shown in Table 17, DHS estimates the 

total annual opportunity cost of time to 

HR specialists completing and filing 

Form I–907 requests will be 

approximately $84,834. 


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91See Instructions for Petition for Alien Workers. 

Form I–140. OMB No. 1615–0015 Expires June 30, 

2022. Accessed at https://www.uscis.gov/sites/ 

default/files/document/forms/i-140instr.pdf (last 

updated Sep. 30, 2020). The USCIS Stabilization 

Act did not change the time burden to complete any 

of the classifications for Form I–140, nor form fee. 

The public reporting burden for this collection of 

information is in form instructions. 

TABLE 17—OPPORTUNITY COSTS OF TIME TO NEWLY ELIGIBLE FORM I–140 PETITIONERS FOR FILING FORM I–907, 

REQUEST FOR PREMIUM PROCESSING SERVICE WITHOUT AN ATTORNEY OR ACCREDITED REPRESENTATIVE

Newly eligible 

population 

Time burden 

to complete 

Form I–907 

(hours) 

HR specialist’s 

opportunity 

cost of time 

(48.40/hr.) 

Total 

opportunity 

cost of time 

A B C D = (A × B × C) 

Estimate of Eligible Form I–140 Petitions (52%) ..................................... 3,022 0.58 $48.40 $84,834 

Source: USCIS Analysis. 

The costs to the petitioners newly 

eligible to file Form I–907 with a Form 

I–140 as a result of this rule is estimated 

to be $2,934,568, as shown Table 18. 

From a societal perspective, the 

opportunity cost measures represent 

social costs, while the filing fees 

represent transfers from applicants to 

the government.91

TABLE 18—TOTAL COSTS TO NEWLY ELIGIBLE FORM I–140 PETITIONERS FOR FILING FORM I–907, REQUEST FOR

PREMIUM PROCESSING SERVICE

Opportunity cost of 

time to complete and 

to file Form I–907 

(lawyers), Table 16 

Opportunity cost of 

time to complete and 

file Form I–907 

(HR specialists), 

Table 17 

Total cost 

A B D = (A + B + C) 

Estimate of Eligible Form I–140 Petitions (52%) .................................. $2,849,734 $84,834 $2,934,568 

Source: USCIS Analysis. 

In Table 19, DHS estimates that as a 

result of the increase in filing fees for 

Form I–907, Request for Premium 

Processing Service, the additional 

annual transfer payments from the new 

Form I–140 fee-paying population to 

DHS will be $94,427,500. 

TABLE 19—NEW FILING FEES TO FORM I–140 PETITIONERS FOR FILING FORM I–907, REQUEST FOR PREMIUM

PROCESSING SERVICE

Newly eligible 

population 

New filing fees for 

Form I–907 

Total filing fees 

from Form I–907 

A B C = (B × A) 

Estimate of Eligible Form I–140 Petitions (52%) .................................. 37,771 $2,500 $94,427,500 

Source: USCIS Analysis. 

(d) Form I–539, Application To Extend/ 

Change Nonimmigrant Status, Costs & 

Transfer Payments 

In this final rule, DHS is now adding 

Form I–539, Application to Extend/ 

Change Nonimmigrant Status, to the 

types of immigration benefit requests 

that are eligible for premium processing. 

While Form I–539 is used for many 

nonimmigrants categories who may 

apply for an extension of stay or a 

change of status, premium processing 

will now be extended to Form I–539 

requestors changing status to F–1, F–2, 

J–1, J–2, M–1, or M–2 nonimmigrant 

status or a change of status or extension 

of stay in E–1, E–2, E–3, H–4, L–2, O– 

3, P–4, or R–2 nonimmigrant status. 

Table 20 shows the total receipts 

received for Form I–539 for FY 2017 

through FY 2021 and the number of 

Form I–539 receipts filed with an 

attorney or accredited representative 

using Form G–28. The number of Form 

G–28 submissions allows USCIS to 

estimate the numbers of forms that are 

filed by an attorney or accredited 

representative. This in turn, allows 

USCIS to estimate the opportunity cost 

of time depending on the type of filer. 

During this period, total annual receipts 

for Form I–539 ranged from a low of 

227,120 in FY 2019 to a high of 441,920 

in FY 2020. Based on a 5-year annual 

average, DHS estimates the annual 

receipts for Form I–539 to be 284,345, 

with 49 percent of Forms I–539 being 

filed by an attorney or accredited 

representative. 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18247 

92Calculation: 5-year Annual Average Total 

Newly Eligible Form I–539 applicants/5-year 

Annual Average of Total Form I–539 Receipts = 

138,557 (Table 21)/284,345 (Table 20) = 49%. 

93Calculation: F, J, and M Total/Total of all 

Classifications = 96,708/692,785 = 14%. 

94Calculation: All Other Total/Total of all 

Classifications = 596,077/692,785 = 86%. 

TABLE 20—USCIS RECEIPTS OF FORM I–539, APPLICATION TO EXTEND/CHANGE NONIMMIGRANT STATUS, WITH THE

NUMBER OF G–28, NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE, RECEIVED, 

FY 2017 THROUGH FY 2021 

FY Receipts Form G–28 

Percentage of 

Forms I–539 

filed with 

Form G–28 

2017 ............................................................................................................................................. 233,306 121,855 52 

2018 ............................................................................................................................................. 233,437 130,654 56 

2019 ............................................................................................................................................. 227,120 130,435 57 

2020 ............................................................................................................................................. 441,920 166,298 38 

2021 ............................................................................................................................................. 285,941 148,779 52 

Total ...................................................................................................................................... 1,421,724 698,021 49 

5-year Annual Average ................................................................................................. 284,345 139,604 49 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 13, 2021. 

DHS does not know how many newly 

eligible Form I–539 applicants will 

choose to submit a premium processing 

request since this population has not 

previously been eligible to file for 

premium processing. DHS recognizes 

that not all eligible petitioners will 

submit a premium processing request. 

Table 21 shows the 5-year annual 

average for the classifications that are 

now eligible for premium processing 

along with the number of forms that are 

filed with a Form G–28 for FY 2017 

through FY 2021. Overall, 49 percent 92

of Form I–539 applications will now be 

eligible for premium processing. Form 

I–539 F–1, F–2, J–1, J–2, M–1, M–2 

classifications account for 14 percent 93

of the newly eligible population and are 

students and exchange visitors. Form I– 

539 E–1, E–2, E–3, L–2, H–4, O–3, P–4, 

R–2 classifications are employment 

visas and account for the remaining 86 

percent 94 of the newly eligible 

population of Form I–539 filers. 

TABLE 21—USCIS 5-YEAR ANNUAL AVERAGE OF FORM I–539 RECEIPTS, APPLICATION TO EXTEND/CHANGE

NONIMMIGRANT STATUS BY CLASSIFICATION AND FILE WITH OR WITHOUT A FORM G–28, FY 2017 THROUGH FY 2021 

Form I–539 classifications 

Form I–539 

filed with 

Form G–28 

Form I–539 

filed without 

Form G–28 

Total Form I–539 

receipts 

F–1 ......................................................................................................................................... 22,180 55,680 77,860 

F–2 ......................................................................................................................................... 2,640 6,161 8,801 

J–1 ......................................................................................................................................... 209 1,033 1,242 

J–2 ......................................................................................................................................... 132 529 661 

M–1 ........................................................................................................................................ 333 7,773 8,106 

M–2 ........................................................................................................................................ 14 24 38 

F–1, F–2, J–1, J–2, M–1, M–2 Total .............................................................................. 25,508 71,200 96,708 

E–1 ......................................................................................................................................... 601 99 700 

E–2 ......................................................................................................................................... 10,985 1,966 12,951 

E–3 ......................................................................................................................................... 2,340 417 2,757 

H–4 ........................................................................................................................................ 372,202 131,452 503,654 

L–2 ......................................................................................................................................... 53,545 7,617 61,162 

O–3 ........................................................................................................................................ 6,825 1,004 7,829 

P–4 ......................................................................................................................................... 875 443 1,318 

R–2 ........................................................................................................................................ 4,470 1,236 5,706 

E–1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 Total ............................................................ 451,843 144,234 596,077

Total of all Classifications ............................................................................................... 477,351 215,434 692,785 

5-year Annual Average of all Classifications .......................................................... 95,470 43,087 138,557 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 13, 2021. 

Table 21 shows that of the 138,557 

newly eligible applicants, DHS 

calculated that 19,342 would be 

applying for F–1, F–2, J–1, J–2, M–1, M– 

2 classifications (14%), and the 

remaining 119,215 would be applying 

for E–1, E–2, E–3, L–2, H–4, O–3, P–4, 

R–2 classifications (86%). Since Form I– 

539 applicants have never been eligible 

to request premium processing, DHS has 

no historical data to determine how 

many of the newly eligible population 


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18248 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

95USCIS recognizes that professors, teachers, and 

research scholars in the J–1 and J–2 visa categories 

may not hire lawyers and may not file these forms 

themselves. USCIS recognizes that these forms may 

be filed by an HR Specialist or some other 

equivalent occupation at the sponsoring entity on 

behalf of these applicants. However, for the 

simplicity of this analysis, USCIS includes these 

categories as filing themselves which may result in 

a slight underestimation in the opportunity costs of 

time for the J category. 

96See Instructions for Request for Premium 

Processing Service. Form I–907. OMB No. 1615– 

0048 Expires July 31, 2022. Accessed at https://

www.uscis.gov/sites/default/files/document/forms/ 

i-907instr.pdf (last updated Sep. 30, 2020). 

will take advantage of premium 

processing. Therefore, DHS uses the 53 

percent average of Forms I–129 and I– 

140 that request premium processing for 

this newly eligible population as a 

proxy. 

Of the 19,342 newly eligible 

applicants for F–1, F–2, J–1, J–2, M–1, 

M–2 classifications, DHS estimates that 

10,251 applicants (53 percent of the 

eligible population) may submit a 

premium processing request along with 

their Form I–539 application. Of the 

119,215 newly eligible applicants for E– 

1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 

classifications, DHS estimates that 

63,184 applicants (53 percent of the 

eligible population) may submit a 

premium processing request along with 

their Form I–539 application as shown 

in Table 22. DHS is planning to begin 

accepting premium processing requests 

from F–1, F–2, J–1, J–2, M–1, M–2 

classifications beginning in FY 2022. 

DHS anticipates accepting premium 

processing requests from E–1, E–2, E–3, 

L–2, H–4, O–3, P–4, R–2 classifications 

by FY 2025. 

TABLE 22—ESTIMATED USCIS 5-YEAR ANNUAL AVERAGE FORM I–539, APPLICATION TO EXTEND/CHANGE NONIMMIGRANT STATUS, POPULATIONS FILED WITH AND WITHOUT FORM G–28 NOTICE OF ENTRY OF APPEARANCE AS

ATTORNEY OR ACCREDITED REPRESENTATIVE, FY 2017 THROUGH FY 2021 

Classification type 

Estimated 

Form I–539 

filed with 

Form G–28 

Estimated 

Form I–539 

filed without 

Form G–28 

Total 

F–1, F–2, J–1, J–2, M–1, M–2 classifications ......................................................................... 2,704 7,547 10,251 

E–1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 classifications ....................................................... 47,895 15,289 63,184 

Total .................................................................................................................................. 50,599 22,836 73,435 

Source: U.S. Citizenship and Immigration Services, Office of Performance and Quality, C3 Consolidated via SAS, queried October 13, 2021. 

In order to estimate the opportunity 

costs of time for completing and filing 

Form I–907, DHS assumes that an 

applicant will use an in-house or 

outsourced lawyer or will prepare Form 

I–907 request themselves. Many of the 

individuals using Form I–539 F–1, F–2, 

J–1, J–2, M–1, M–2 classifications may 

file forms on their own because they are 

students, professors, research scholars, 

trainees or interns, teachers, camp 

counselors, au pairs, and summer work 

travel exchange visitors, and may not 

choose to hire a lawyer.95 Table 22 

shows the total population of applicants 

who chose to file Form I–539 with and 

without an attorney or accredited 

representative using Form G–28 by 

classification. 

To estimate the new opportunity cost 

of time for Form I–539 applicants to file 

Form I–907, DHS applies the estimated 

time burden (0.58 hours) 96 of Form I– 

907 to the newly eligible population and 

compensation rates of who may file, 

with or without a lawyer. For newly 

eligible applicants of Form I–539, Table 

23 shows the estimated annual 

opportunity cost of time to applicants 

who use an in-house or outsourced 

lawyer to complete and file Form I–907 

requests of $4,149,578. 

TABLE 23—OPPORTUNITY COSTS OF TIME TO FORM I–539 APPLICANTS WHO FILE FORM I–907 WITH AN ATTORNEY OR

ACCREDITED REPRESENTATIVE

Affected 

population 

Time 

burden to 

complete 

Form I–907 

(hours) 

Hourly wage 

Total 

opportunity 

cost 

A B C D = (A × B × C) 

F–1, F–2, J–1, J–2, M–1, M–2 Classifications: 

In-House Lawyer ($103.81/hr.) ........................................................... 2,704 0.58 103.81 162,807 

Outsourced Lawyer ($178.98/hr.) .............................................................. 2,704 0.58 178.98 280,698 

Average Opp. Cost of in-house and Outsourced Lawyer ......................... 2,704 ........................ ........................ 221,753 

E–1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 Classifications: 

In-House Lawyer ($103.81/hr.) ........................................................... 47,895 0.58 103.81 2,883,748 

Outsourced Lawyer ($178.98/hr.) ....................................................... 47,895 0.58 178.98 4,971,903 

Average Opp. Cost of in-house and Outsourced Lawyer .................. 47,895 ........................ ........................ 3,927,826 

Total Opportunity cost of time for all Classifications ................... ........................ ........................ ........................ 4,149,578 

Source: USCIS Analysis. 

To estimate the new opportunity costs 

of time for students and exchange 

visitors applying for F, J or M 

classifications, USCIS uses an average 

total rate of compensation based on the 

effective minimum wage. DHS assumes 

that the following classifications: F–1, 

academic student, J–1, exchange visitor, 

J–2 spouse or child of J–1 exchange 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18249 

97 ‘‘Americans Are Seeing Highest Minimum 

Wage in History (Without Federal Help)’’ Ernie 

Tedeschi, The New York Times, April 24, 2019. 

Accessed at https://www.nytimes.com/2019/04/24/ 

upshot/why-america-may-already-have-its-highestminimum-wage.html (last visited June 25, 2020). 

98Calculation: (Effective Minimum Wage Rate) 

$11.80 × (Benefits-to-wage multiplier) 1.45 = $17.11 

per hour. 

99Calculation: (Effective Wage) $17.11 × 

(Estimated Opportunity of Cost to file Form I–907) 

0.58 = $9.92. 100The benefits-to-wage multiplier is calculated 

as follows: (Total Employee Compensation per 

hour)/(Wages and Salaries per hour) ($38.60 Total 

Employee Compensation per hour)/($26.53 Wages 

and Salaries per hour) = 1.454964 = 1.45 (rounded). 

See U.S. Department of Labor, BLS, Economic News 

Release, Employer Cost for Employee Compensation 

(December 2020), Table 1. Employer Costs for 

Employee Compensation by ownership (Dec. 2020), 

available at https://www.bls.gov/news.release/ 

archives/ecec_03182021.htm. (last visited Mar. 31, 

2021). 

101See BLS, U.S. Department of Labor, 

‘‘Occupational Employment Statistics, May 2020, 

All Occupations.’’ Available at https://www.bls.gov/ 

oes/2020/may/oes_nat.htm#00-0000 Accessed Apr. 

13, 2021. (last visited Apr. 29, 2021). 

102The calculation of the weighted mean hourly 

wage for applicants: $27.07 per hour *1.45 benefitsto-wage multiplier = $39.25 (rounded) per hour. 

visitor, M–1 vocational student, and M– 

2 spouse or child of an M–1 vocational 

student are young with limited work 

experience/education and would 

therefore have lower wages. As reported 

by The New York Times ‘‘[t]wenty-nine 

states and the District of Columbia have 

state-level minimum hourly wages 

higher than the federal [minimum 

wage],’’ as do many city and county 

governments. Analysis by The New 

York Times estimates that ‘‘the effective 

minimum wage in the United States 

. . . [was] $11.80 an hour in 2019.’’ 97

DHS relies on this more robust 

minimum wage of $11.80 as an estimate 

of the opportunity cost of time. In order 

to estimate the fully loaded wage rates, 

to include benefits, USCIS used the 

benefits-to-wage multiplier of 1.45 and 

multiplied it by the prevailing 

minimum hourly wage rate. The fully 

loaded hourly wage rate for someone 

earning the effective minimum wage 

rate is $17.11.98 Therefore, DHS 

estimates that the opportunity cost for 

each petitioner is $9.92 per response for 

those petitions.99

DHS accounts for worker benefits 

when estimating the total costs of 

compensation by calculating a benefitsto-wage multiplier using the U.S. 

Department of Labor, BLS report 

detailing the average employer costs for 

employee compensation for all civilian 

workers in major occupational groups 

and industries. DHS estimates that the 

benefits-to-wage multiplier is 1.45 and, 

therefore, is able to estimate the full 

opportunity cost per petitioner, 

including employee wages and salaries 

and the full cost of benefits such as paid 

leave, insurance, retirement, and other 

benefits.100 DHS uses the mean hourly 

wage of $27.07 per hour 101 for all 

occupations to estimate the opportunity 

cost of time for this population in this 

analysis. DHS calculates the total rate of 

compensation as $39.25 per hour, where 

the mean hourly wage is $27.07 per 

hour worked and average benefits are 

$12.18 per hour.102

To estimate the new opportunity costs 

of time for a Form I–539 applicant filing 

Form I–907 to request premium 

processing, DHS applies the estimated 

public reporting time burden (0.58 

hours) to the newly eligible population 

and compensation rate of the applicant. 

Therefore, for those newly eligible, as 

shown in Table 24, DHS estimates the 

total annual opportunity cost of time to 

F–1, F–2, J–1, J–2, M–1, M–2 

classification applicants completing and 

filing Form I–907 requests is $74,895 

and the opportunity cost of time for E– 

1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 

classification applicants is $348,054. 

DHS estimates the total opportunity cost 

of time for the affected population of 

Form I–539 applicants filing Form I–907 

of $422,949 as shown in Table 24. 

TABLE 24—OPPORTUNITY COSTS OF TIME TO FORM I–539 APPLICANTS FOR FILING FORM I–907, REQUEST FOR PREMIUM

PROCESSING SERVICE

Affected 

population 

Time 

burden to 

complete 

Form I–907 

(hours) 

Petitioner 

cost of time 

Total 

opportunity cost 

of time to file 

Form I–907 

A B C D = (A x B x C) 

F–1, F–2, J–1, J–2, M–1, M–2 classifications ........................................... 7,547 0.58 $17.11 $74,895 

E–1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 classifications ......................... 15,289 0.58 39.25 348,054 

Total .................................................................................................... 22,836 ........................ ........................ 422,949 

Source: USCIS Analysis. 

DHS estimates the total additional 

annual cost beginning in FY 2022 to F– 

1, F–2, J–1, J–2, M–1, M–2 classification 

applicants completing and filing Form 

I–907 requests are expected to be 

$296,648 shown in Table 25. Note that 

this cost includes an average 

opportunity cost time for lawyers, 

which assumes half of the applicants 

use an in house lawyer and half the 

applicants use an outsourced lawyer. 

TABLE 25—TOTAL COSTS TO FORM I–539 F–1, F–2, J–1, J–2, M–1, M–2 CLASSIFICATION APPLICANTS FOR FILING

FORM I–907, REQUEST FOR PREMIUM PROCESSING

Average Opportunity Cost Time for Lawyers to Complete Form I–907 ............................................................................................. $221,753 

Average Opportunity Cost Time for Students to Complete Form I–907 ............................................................................................. 74,895 

Total Cost ..................................................................................................................................................................................... 296,648 

Source: USCIS Analysis. 


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18250 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

103See Instructions for Application to Extend/ 

Change Nonimmigrant Status. Form I–539. OMB 

No. 1615–0003 Expires Nov. 30, 2021. Accessed at 

https://www.uscis.gov/sites/default/files/document/ 

forms/i-539instr.pdf (last updated Mar. 10, 2021). 

The USCIS Stabilization Act did not change the 

time burden to complete any of the classifications 

for Form I–539, nor form fees. The public reporting 

burden for this collection of information is in the 

form instructions. 

DHS estimates the total additional 

annual cost beginning in FY 2025 to E– 

1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 

classification applicants completing and 

filing Form I–907 requests are expected 

to be $4,275,880 shown in Table 26. 

From a societal perspective, the 

opportunity cost measures represent 

societal costs, while the filing fees 

represent transfers from applicants to 

the government.103

TABLE 26—TOTAL COSTS TO FORM I–539 E–1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 APPLICANTS FOR FILING FORM I– 

907, REQUEST FOR PREMIUM PROCESSING

Average Opportunity Cost Time for Lawyers to Complete Form I–907 ............................................................................................. $3,927,826 

Average Opportunity Cost Time for Workers to Complete Form I–907 ............................................................................................. 348,054 

Total Cost ..................................................................................................................................................................................... 4,275,880 

Source: USCIS Analysis. 

In Table 27, DHS uses the estimated 

new population to complete Form I– 

907. DHS estimates that as a result of 

the increase in filing fees for Form I– 

907, Request for Premium Processing 

Service, the additional annual transfer 

payments from the new Form I–539 F– 

1, F–2, J–1, J–2, M–1, M–2 classification 

fee-paying population to DHS will be 

$17,939,250 in FY 2022. 

DHS also estimates that annual 

transfer payments from Form I–539 E– 

1, E–2, E–3, L–2, H–4, O–3, P–4, R–2 

classification applicants who request 

premium processing by filing Form I– 

907 to DHS will be $110,572,000 in FY 

2025. 

TABLE 27—FILING FEES FOR FORM I–539 APPLICANTS FOR FILING FORM I–907, REQUEST FOR PREMIUM PROCESSING

SERVICE

Newly eligible 

population 

New fees for 

Form I–907 

Fees for filing 

Form I–907 

(A) (B) C = (A x B) 

Estimate of Eligible Form I–539 Petitions (53%) Students ................................................... 10,251 $1,750 $17,939,250 

Estimate of Eligible Form I–539 Petitions (53%) Workers .................................................... 63,184 1,750 110,572,000 

Total ................................................................................................................................ 73,435 1,750 128,511,250 

Source: USCIS Analysis. 

(e) Form I–765, Application for 

Employment Authorization, Costs & 

Transfer Payments 

In this final rule, DHS is including 

Form I–765, Application for 

Employment Authorization, to the list of 

immigration benefit requests permitted 

to apply for premium processing. Table 

28 shows the total receipts received for 

Form I–765 for FY 2017 through FY 

2021. Table 28 also shows the number 

of Form I–765 receipts filed with an 

attorney or accredited representative 

using Form G–28. The number of Form 

G–28 submissions allows USCIS to 

estimate the number of Forms I–765 that 

are filed by an attorney or accredited 

representative and thus estimate the 

opportunity costs of time for an 

applicant, attorney or accredited 

representative to file each form. From 

FY 2017 through FY 2021, total annual 

receipts for Form I–765 ranged from a 

low of 2,005,591 in FY 2020 to a high 

of 2,588,827 in FY 2021. Based on a 5- 

year annual average, DHS estimates the 

annual average receipts of Form I–765 to 

be 2,259,872 with 48 percent of 

applications filed by an attorney or 

accredited representative. 

TABLE 28—FORM I–765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, RECEIPTS RECEIVED BY USCIS, WITH FORM

G–28 NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE, FY 2017 THROUGH FY 2021 

FY Form I–765 

receipts 

Form G–28 

receipts 

received with a 

form I–765 

receipt 

Form G–28 

receipts received 

without form I–765 

receipt 

Percent of Form 

I–765 receipts 

filed with a 

form G–28 receipt 

2017 ................................................................................................... 2,372,692 1,077,974 1,294,718 45 

2018 ................................................................................................... 2,140,985 947,711 1,193,274 44 

2019 ................................................................................................... 2,191,145 1,052,774 1,138,371 48 

2020 ................................................................................................... 2,005,712 1,027,689 978,023 51 

2021 ................................................................................................... 2,588,827 1,355,324 1,233,503 52 

Total ............................................................................................ 11,299,361 5,461,472 5,837,889 ..............................


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104See Form I–765, Application for Employment 

Authorization, All Receipts, Approvals, Denials 

Grouped by Eligibility Category and Filing Type at 

https://www.uscis.gov/sites/default/files/document/ 

reports/I-765_Application_for_Employment_FY03- 

20.pdf. USCIS, OPQ, C3 Consolidated via SAS, 

queried Oct 2020. (accessed 10/15/2021) 

105Calculation: 218,076 applicants * 53 percent = 

115,580. 

106Calculation: 102,495 applicants * 53 percent = 

54,322. 

TABLE 28—FORM I–765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, RECEIPTS RECEIVED BY USCIS, WITH FORM

G–28 NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE, FY 2017 THROUGH FY 

2021—Continued 

FY Form I–765 

receipts 

Form G–28 

receipts 

received with a 

form I–765 

receipt 

Form G–28 

receipts received 

without form I–765 

receipt 

Percent of Form 

I–765 receipts 

filed with a 

form G–28 receipt 

5-year Annual Average ....................................................... 2,259,872 1,092,294 1,167,578 48 

Source: USCIS, Office of Policy and Strategy, Policy Research Division (PRD), CLAIMS3 and ELIS database, October 18, 2021. 

DHS does not know how many newly 

eligible Form I–765 applicants will 

choose to submit a premium processing 

request because this population has not 

previously been eligible to file for 

premium processing. 

DHS is prioritizing premium 

processing for some Form I–765 

categories. DHS anticipates to begin 

premium processing Employment 

Authorization Documents for students 

applying for Optional Practical Training 

(OPT) and exchange visitors beginning 

in FY 2022. Table 29 shows the 

estimated populations that will be 

eligible for premium processing. Based 

on a 5-year annual average, DHS 

estimates the annual average receipts of 

Form I–765 eligible categories to be 

218,076 beginning in FY 2022. DHS also 

estimates that the annual average 

receipts of Form I–765 for the additional 

categories to be 102,495 beginning in 

2025 based on a 5-year annual average. 

DHS identifies a final expanded 

eligibility group consisting of an 

additional 1,136,691 applicants that 

could be covered under this rule; 

however due to the size and nature of 

this group, DHS does not have 

immediate plans for when premium 

processing will be implemented for 

them. Lastly, DHS excludes remaining 

categories that USCIS has no current 

plans to expand to implement premium 

processing for. 

TABLE 29—FORM I–765 CLASSIFICATIONS BY EXPECTED IMPLEMENTATION, FY 2017 THROUGH FY 2021 

FY 

Form I–765 

receipts 

eligible in 

2022 

Form I–765 

receipts 

eligible in 

2025 

Form I–765 

receipts unsure 

of 

implementation 

Form I–765 

receipts unlikely 

categories to be 

eligible for 

premium 

processing 

Total 

2017 ......................................................................... 237,072 96,806 1,112,502 926,065 2,372,445 

2018 ......................................................................... 235,622 100,316 977,641 827,050 2,140,629 

2019 ......................................................................... 226,275 110,743 1,165,725 686,547 2,189,290 

2020 ......................................................................... 207,550 110,449 1,056,139 625,570 1,999,708 

2021 ......................................................................... 183,859 94,160 1,371,449 945,495 2,594,963 

Total .................................................................. 1,090,378 512,474 5,683,456 4,010,727 11,297,035 

5-year Annual Average .............................. 218,076 102,495 1,136,691 802,145 2,259,407 

Source: U.S. Citizenship and Immigration Services, Office of Performance and Quality, C3 Consolidated via SAS, queried October 2021. 

* Note: Totals is this table are .1% off from Table 28 due to different pull dates of the data. 

Since Form I–765 applicants have 

never been eligible to request premium 

processing, DHS has no historical data 

to determine how many of the newly 

eligible population will take advantage 

of premium processing. Therefore, DHS 

uses the 53- percent average of Forms I– 

129 and I–140 developed in Table 6, 

that request premium processing for this 

newly eligible population as a proxy. 

DHS understands that some Form I– 

765 classifications are already on a 

congressionally mandated or regulatory 

clock to adjudicate their forms in 30–90 

days and therefore it would not be 

reasonable to assume these applicants 

would pay the additional fee to submit 

a premium processing request. Some 

Form I–765 applicants for asylum-based 

categories may also be submitting Form 

I–539 concurrently so they may not be 

interested in paying for premium 

processing twice. DHS also recognizes 

that some classifications could be more 

interested in faster adjudication times 

and may submit premium processing 

requests at a rate more consistent with 

the estimates applied to the other 

populations in this analysis. While EAD 

eligibility categories are not effective 

predictors of future likelihood to request 

premium processing, applying the 

assumptions above to the Form I–765 

data by eligibility category yields a more 

consistent approximation of potential 

population requesting premium 

processing for their EADs.104 Using 53- 

percent as a proxy, DHS estimates that 

115,580 applicants (53-percent of the 

eligible population) out of the 218,076 

employment authorization document 

applicants who apply annually may 

submit a premium processing request 

with their Form I–765 application 

beginning in FY 2022.105 DHS also 

estimates that 54,322 applicants (53- 

percent of the eligible population) out of 

the 102,495 employment authorization 

document applicants who apply 

annually may submit a premium 

processing request with their Form I– 

765 application beginning in FY 

2025.106

In order to estimate the opportunity 

costs of time for completing and filing 


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107Calculation: 100 percent¥48 percent filing 

with Form G–28 = 52 percent only filing Form I– 

765. 

108See Instructions for Request for Premium 

Processing Service. Form I–907. OMB No. 1615– 

0048 Expires July 31, 2022. Accessed at https://

www.uscis.gov/sites/default/files/document/forms/ 

i-907instr.pdf (last updated Sep. 30, 2020). 

a Form I–907 submitted with a Form I– 

765, DHS assumes that to prepare, 

complete, and file these forms an 

applicant will use either an in-house 

lawyer, outsourced lawyer, or will do so 

themselves. Based on the data from 

Table 30, 48-percent of Form I–765 

applications were filed with an attorney 

or accredited representative using Form 

G–28, with 52- percent 107 of Form I–765 

applications being filed without a Form 

G–28. DHS will apply these same 

percentages to applicants requesting 

premium processing with a Form I–765, 

expecting that 48-percent will use an 

attorney or accredited representative 

and 52- percent will file the Form I–907 

themselves. Table 30 shows the total 

population by percentage for applicants 

who may choose to file Form I–765 with 

and without Form G–28. 

TABLE 30—ESTIMATED FORM I–765, APPLICATION FOR EMPLOYMENT AUTHORIZATION, POPULATIONS FILING WITH AND

WITHOUT FORM G–28, NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE

Percent 

Estimated 

Form I–765 

filed with 

Form G–28 

Estimated 

Form I–765 

filed without 

Form G–28 

Total 

A B C = (A + B) 

Estimate of Eligible Form I–765 Petitions in 2022 (53%) ......................................................... 60,102 55,478 115,580 

Estimate of Eligible Form I–765 Petitions in 2025 (53%) ......................................................... 28,247 26,075 54,322 

Source: USCIS Analysis. 

To estimate the opportunity costs of 

time to file a Form I–907 to accompany 

a Form I–765 using an attorney or 

accredited representative, DHS applies 

the estimated public reporting time 

burden (0.58 hours) to the population 

who will be eligible for premium 

processing beginning in FY 2022. Table 

31 shows the estimated annual 

opportunity costs of time to complete 

and file Form I–907 with a Form I–765 

if filed by an in-house lawyer or 

outsourced lawyer. The opportunity 

cost of time is $4,928,911 based on a 

simple average of the cost for an inhouse lawyer and an outsourced lawyer. 

TABLE 31—TOTAL OPPORTUNITY COSTS OF TIME TO AN ATTORNEY OR ACCREDITED REPRESENTATIVE TO COMPLETE AND

FILE FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE WITH A FORM I–765 BEGINNING IN FY 2022 

Estimate of 

eligible 

Form I–765 

petitions filed 

with 

Form G–28 

Time burden 

to complete 

Form I–907 

(hours) 

Hourly 

wage rate 

Total 

opportunity 

cost 

A B C D = (A × B × C) 

In-House Lawyer ($103.81/hr.) .................................................................... 60,102 0.58 $103.81 $3,618,729

Outsourced Lawyer ($178.98/hr.) ................................................................ 60,102 0.58 178.98 6,239,092 

Average ................................................................................................ 60,102 ........................ ........................ 4,928,911 

Source: USCIS Analysis. 

To estimate the opportunity costs of 

time to complete and file Form I–907 

with a Form I–765 without an attorney 

or accredited representative, DHS 

applies the estimated public reporting 

time burden (0.58 hours) 108 to the 

newly eligible population and 

compensation rate of the applicant. 

Therefore, for those newly eligible, as 

shown in Table 32, DHS estimates the 

total annual opportunity costs of time to 

applicants completing and filing Form 

I–907 to be $1,557,378. 

TABLE 32—OPPORTUNITY COSTS TO FORM I–765, APPLICATION FOR EMPLOYMENT AUTHORIZATION, APPLICANTS FOR

FILING FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE BEGINNING IN FY 2022 

Newly eligible 

population 

Time burden 

to complete 

Form I–907 

(hours) 

HR specialist 

cost of time 

($/hr.) 

Total 

opportunity 

cost 

A B C D = (A × B × C) 

Estimate of Eligible Form I–765 Petitions ......................................... 55,478 0.58 $48.40 $1,557,378 

Source: USCIS Analysis. 


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109See Instructions for Request for Premium 

Processing Service. Form I–907. OMB No. 1615– 

0048 Expires July 31, 2022. Accessed at https://

www.uscis.gov/sites/default/files/document/forms/ 

i-907instr.pdf (last updated Sep. 30, 2020). 

110See Instructions for Application for 

Employment Authorization. Form I–765. OMB No. 

1615–0040 Expires July 31, 2022. Accessed at 

https://www.uscis.gov/sites/default/files/document/ 

forms/i-765instr.pdf (last updated Aug. 25, 2020). 

The USCIS Stabilization Act did not change the 

time burden to complete any of the classifications 

for Form I–765, nor form fee. The public reporting 

burden for this collection of information is in the 

pdf above. 

To estimate the opportunity cost of 

time to file a Form I–907 to accompany 

a Form I–765 using an attorney or 

accredited representative, DHS applies 

the estimated public reporting time 

burden (0.58 hours) 109 to the 

population who will be eligible for 

premium processing beginning in FY 

2025 and compensation rates of filers. 

Table 33 shows the estimated annual 

opportunity costs of time to complete 

and file Form I–907 with a Form I–765 

if filed by an in-house lawyer or 

outsourced lawyer. The opportunity 

cost of time is $2,316,511 based on a 

simple average of the cost for an inhouse lawyer and an outsourced lawyer. 

TABLE 33—TOTAL OPPORTUNITY COSTS OF TIME TO AN ATTORNEY OR ACCREDITED REPRESENTATIVE TO COMPLETE AND

FILE FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE WITH A FORM I–765 BEGINNING IN FY 2025 

Estimate of 

eligible 

Form I–765 

petitions filed 

with 

Form G–28 

Time burden 

to complete 

Form I–907 

(hours) 

Hourly 

wage rate 

Total 

opportunity 

cost 

A B C D = (A × B × C) 

In House Lawyer ($103.81/hr.) .................................................................... 28,247 0.58 $103.81 $1,700,746

Outsourced Lawyer ($178.98/hr.) ................................................................ 28,247 0.58 178.98 2,932,276 

Average ................................................................................................ 28,247 ........................ ........................ 2,316,511 

Source: USCIS Analysis. 

To estimate the opportunity cost of 

time to complete and file Form I–907 

with a Form I–765 without an attorney 

or accredited representative, DHS 

applies the estimated public reporting 

time burden (0.58 hours) to the 

population who will be eligible for 

premium processing beginning in FY 

2025 and compensation rate of the 

applicant. For those newly eligible, 

shown in Table 34, DHS estimates the 

total annual opportunity cost of time to 

applicants completing and filing Form 

I–907 to be $731,977. 

TABLE 34—OPPORTUNITY COSTS TO FORM I–765, APPLICATION FOR EMPLOYMENT AUTHORIZATION, APPLICANTS FOR

FILING FORM I–907, REQUEST FOR PREMIUM PROCESSING SERVICE BEGINNING IN FY 2025 

Newly eligible 

population 

Time burden 

to complete 

Form I–907 

(hours) 

HR specialist 

cost of time 

($/hr.) 

Total 

opportunity 

cost 

A B C D = (A × B × C) 

Estimate of Eligible Form I–765 Petitions (53%) ................................... 26,075 0.58 $48.40 $731,977 

Source: USCIS Analysis. 

Using the population estimates, DHS 

next calculates the total costs for the 

new Form I–765 population to complete 

and file premium processing requests 

using Form I–907. DHS estimates the 

total annual cost to applicants 

completing and filing Form I–907 

requests to be $6,486,289 beginning in 

FY 2022, and $3,048,488 beginning in 

FY 2025 as shown in Table 35. From a 

societal perspective, the opportunity 

cost measures represent social costs, 

while the filing fees represent transfers 

from applicants to the government.110

TABLE 35—ANNUAL COSTS TO FORM I–765 APPLICANTS FOR COMPLETING AND FILING FORM I–907, REQUEST FOR

PREMIUM PROCESSING SERVICE

Opportunity cost of 

time completing 

Form I–907 

(lawyer), Table 31 

Opportunity cost of 

time completing 

Form I–907 

(applicant), Table 32 

Annual cost 

A B D = (A + B + C) 

Estimate of Eligible Form I–765 Petitions (53%) beginning in FY 2022 ....... $4,928,911 $1,557,378 $6,486,289 

Estimate of Eligible Form I–765 Petitions (53%) beginning in FY 2025 ....... 2,316,511 731,977 3,048,488 

Total ........................................................................................................ .................................... .................................... $9,534,777 

Source: USCIS Analysis. 


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111Forms Available to File Online https://

www.uscis.gov/file-online/forms-available-to-fileonline (last updated Dec. 12, 2021). 

In Table 36, DHS uses the population 

estimates from above to calculate the 

transfer payments for the newly eligible 

Form I–765 population to DHS. DHS 

estimates that annual transfer payments 

from Form I–765 applicants requesting 

request premium processing using Form 

I–907 will be $173,370,000 to DHS. 

TABLE 36—FEES TO FORM I–765 APPLICANTS REQUESTING PREMIUM PROCESSING USING FORM I–907 BEGINNING IN FY 

2022 

Newly eligible 

population 

New fees for 

Form I–907 

Fees to file 

Form I–907 

A B C = (B × A) 

Estimate of Eligible Form I–765 Petitions ........................................................................... 115,580 $1,500 $173,370,000 

Source: USCIS Analysis. 

In Table 37, DHS uses the population 

estimates from above to calculate the 

transfer payments from the newly 

eligible Form I–765 population to DHS. 

DHS estimates that annual transfer 

payments from Form I–765 applicants 

requesting request premium processing 

using Form I–907 will be $81,483,000 to 

DHS. 

TABLE 37—FEES TO FORM I–765 APPLICANTS REQUESTING PREMIUM PROCESSING USING FORM I–907 BEGINNING IN FY 

2025 

Newly eligible 

population 

New fees for 

Form I–907 

Fees to file 

Form I–907 

A B C = (B × A) 

Estimate of Eligible Form I–765 Petitions (53%) ................................................................ 54,322 $1,500 $81,483,000 

Source: USCIS Analysis. 

(f) Government Costs of This Final Rule 

This final rule will require USCIS 

enhancements to handle the projected 

volumes of expedited requests without 

adverse impact to other processing 

times. The costs of these enhancements 

are not estimated but are expected to be 

covered by the fee increases (transfers) 

from Form I–129 and Form I–140 

petitioners/applicants that request 

premium processing. DHS does not 

know how much it will cost to add new 

categories to apply for premium 

processing, and these costs are 

unquantified. 

The USCIS Stabilization Act prohibits 

USCIS from making premium 

processing available if it adversely 

affects processing times for immigration 

benefit requests not designated for 

premium processing or the regular 

processing of immigration benefit 

requests so designated. Therefore, 

USCIS must first raise sufficient funds 

to ensure it has the staffing and IT 

resources to expand premium 

processing availability. In addition to 

covering the costs of providing 

expanded premium processing services, 

the Stabilization Act authorizes USCIS 

to spend additional revenue collected as 

a result of this rule on infrastructure 

improvements in adjudication processes 

and information services, reducing the 

number of pending immigration and 

naturalization benefit requests or 

otherwise offsetting the cost of 

providing services. 

In accordance with directives outside 

the scope of this rulemaking, DHS has 

prioritized and is in the process of 

expanding electronic filing for all 

applications and benefit requests. Some 

of the immigration benefit requests 

newly designated for premium 

processing are already filed 

electronically.111 Specifically, Forms I– 

539 and I–765 are both currently 

available for electronic filing. However, 

premium processing requests through 

Form I–907 are currently still paper 

based. USCIS would need to make 

systems changes to give users the ability 

to file premium processing requests 

with the relevant underlying form that 

is electronically available. This 

expansion of electronic filing of the 

premium processing form is a 

prerequisite to expanding the 

availability of premium processing to 

newly designated immigration benefit 

requests without adversely affecting 

processing times for other benefits. DHS 

must hire and train new staff with 

revenue from current premium 

processing requests in order to expedite 

adjudication of premium processing for 

the newly eligible population, 

consistent with the statutory 

requirement, that other processing times 

not be adversely affected. 

Because the Act authorizes USCIS to 

use additional revenue for other 

improvements and, separately, directs 

USCIS to semi-annually advise 

appropriate Congressional Committees 

of progress on a 5-year plan for 

infrastructure improvements. For the 

purpose of this Regulatory Impact 

Analysis, DHS assumes expanded 

premium processing to start in FY 2022 

for the additional Form I–140 categories, 

as well as certain categories of Form I– 

539 and Form I–765. DHS also assumes 

some additional Form I–539 and Form 

I–765 categories will start in FY 2025 

due to the possibility that revenues do 

not yet exist to cover any potential costs 

without adversely affecting other 

benefit’s processing times, as directed 

by Congress. 

As expected, the current processing 

times for the newly designated 

immigration benefit requests generally 

exceed the proposed premium 

processing timeframes by many months. 

USCIS generally cannot reallocate staff 

to adjudicate these immigration benefit 

requests without adversely affecting 

processing times, for other immigration 

benefit requests. Therefore, USCIS must 

hire and train new staff to handle the 

expanded availability of premium 

processing, requiring time and 

resources. 

Future revenues from premium 

processing are expected to exceed future 

costs, accomplishing Congress’ 

intention in authorizing the expansion 


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of premium processing. USCIS is unable 

to hire additional employees in 

anticipation of a potential surge in 

upgrades to pending petitions and 

applications unless the funds are 

already available, to pay for those 

employees. If USCIS were to make 

premium processing available for a high 

volume of petitions/applications with a 

significant backlog and without the staff 

on hand to take appropriate action 

within the applicable processing 

timeframe, then USCIS would be 

required to refund the premium 

processing fees. 

While potential costs to USCIS of 

expanding premium processing without 

harm to non-premium processing times 

are volume-dependent and difficult to 

quantify, the above projections suggest 

that the described implementation plan 

is expected to generate adequate 

resources to cover the costs required to 

support the expansion of premium 

processing without risk to non-premium 

processing times. 

(g) Benefits to the Federal Government 

The USCIS Stabilization Act provides 

specific purposes that the premium 

processing fees can be used for. 

Consistent with those permissible 

purposes, the premium processing fees 

collected will be used to provide the 

premium processing services; make 

infrastructure improvements in 

adjudications processes and the 

provision of information and services to 

immigration and naturalization benefit 

requestors; and respond to adjudication 

demands, including by reducing the 

number of pending immigration and 

naturalization benefit requests. The 

primary benefit of this rule to DHS is 

the opportunity to increase revenue 

needed to make improvements in 

adjudication processes. For example, 

increases in revenue will allow USCIS 

to pay for infrastructure improvements, 

like overhead (such as facility costs, IT 

equipment and systems, or other 

expenses) and pay the salaries and 

benefits of current and new clerical 

staff, officers, and managers to provide 

premium processing services and 

improve agency response to 

adjudicative demands. 

(h) Qualitative Benefits to Petitioners 

and Applicants 

Petitioners of Form I–140 (EB–1, 

multinational executives and managers 

and EB–2, members of professions with 

advanced degrees or exceptional ability 

seeking a national interest waiver) who 

were previously ineligible for premium 

processing may be able to have their 

petitions reviewed quicker. As a result, 

an adjudicative action may be taken 

more quickly. This change benefits 

businesses that previously would have 

had to wait longer to receive 

adjudicative action (such as a notice of 

approval) for an employee. Other 

benefits that may accrue to beneficiaries 

of Form I–140 petitions generally 

include INA section 204(j) portability 

eligibility, see 8 CFR 245.25, priority 

date retention, see 8 CFR 204.5(e), and 

AC21-based H–1B extension eligibility, 

see 8 CFR 214.2(h)(13)(iii)(E). Benefits 

also may accrue to H–4 dependents who 

may become eligible for employment 

pursuant to the I–140 petition approval, 

see 8 CFR 214.2(h)(9)(iv) and 

274a.12(c)(26), and to beneficiaries 

(principal and derivative) under 8 CFR 

204.5(p). and 274a.12(c)(35). 

Form I–539 applicants may now 

receive an adjudicative action on their 

request for a change of status or 

extension of stay sooner than before, 

which may alleviate concern about 

lapses in their nonimmigrant status. 

This will provide students and trainees 

greater predictability in processing 

timeframes so that they may change 

their status and start school or training 

on time. The greater predictability will 

also allow applicants to plan 

international travel as these applicants 

are considered to have abandoned their 

application if they leave the United 

States while their application is 

pending. In addition, applicants who 

may work or apply for work 

authorization pursuant to their status 

may do so more quickly than they could 

without premium processing. 

Applicants of Form I–765 may now 

benefit through receipt of an 

adjudicative decision in a specified 

timeframe making those applicants 

eligible to work legally in the United 

States sooner than they would have 

previously. This will allow applicants to 

start working sooner rather than having 

to wait for the full processing time 

period before seeking employment. This 

could result in cost savings to some 

applicants who would have had to wait 

to receive wages without premium 

processing. This could also result in 

additional tax revenue to be collected by 

the government if these workers enter 

the labor force earlier than they would 

have otherwise. 

(i) Final Costs and Transfer Payments of 

the Final Rule 

Undiscounted Costs and Transfer 

Payments 

DHS summarizes the annual transfer 

payments from Form I–129 and I–140 

petitioners to DHS. Table 38 details the 

annual transfer payments of this final 

rule from the Form I–129 and Form I– 

140 fee-paying population for FY 2021 

to DHS was $409,559,500 in FY 2021, 

due to the increase in filing fees. 

TABLE 38—SUMMARY OF TRANSFER PAYMENTS FROM FEE-PAYING FORM I–129 AND FORM I–140 PETITIONERS TO DHS 

IN FY 2021 

Description Increase in 

transfer payments 

Form I–129, Petition for a Nonimmigrant Worker ..................................................................................................................... $306,448,000 

Form I–140, Immigrant Petition for Alien Workers * .................................................................................................................. 103,111,500 

Annual Transfers (undiscounted) ....................................................................................................................................... 409,559,500 

* Note: Currently designated eligible Form I–140 Classifications: E11, E12, E21 (non-NIW), E31, E32, EW3. 

DHS summarizes the estimated 

annual transfer payments from currently 

eligible Form I–129 and I–140 

petitioners to DHS, and the estimated 

annual transfer payments from newly 

eligible classification Form I–140 

petitioners, Form I–539 applicants, and 

Form I–765 applicants to DHS. Table 39 

details that the estimated annual 

transfer payments of this final rule from 

the currently eligible Form I–129, Form 

I–140 and newly eligible Form I–140, 

Form I–539 and Form I–765 fee-paying 

population to DHS will be $663,722,850 

due to the increase in filing fees for year 

2 through 4 of this analysis, FY 2022 

through FY 2024. 


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TABLE 39—SUMMARY OF ESTIMATED TOTAL TRANSFER PAYMENTS FROM FEE-PAYING FORM I–129 AND FORM I–140 PETITIONERS AND NEWLY ELIGIBLE FORM I–140 PETITIONERS, FORM I–539 APPLICANTS AND FORM I–765 APPLICANTS

TO DHS IN THIS FINAL RULE, FY 2022 THROUGH FY 2024 

Description Estimated annual 

transfer payments 

Form I–129, Petition for a Nonimmigrant Worker ..................................................................................................................... $295,113,180 

Form I–140, Immigrant Petition for Alien Workers * .................................................................................................................. 82,872,920 

Newly Eligible Form I–140, Immigrant Petition for Alien Workers,* Transfers ......................................................................... 94,427,500 

Form I–539, Application to Extend/Change Nonimmigrant Status, Transfers .......................................................................... 17,939,250 

Form I–765, Application for Employment Authorization, Transfers .......................................................................................... 173,370,000 

Annual Transfers (undiscounted) ....................................................................................................................................... 663,722,850 

* Note: Currently designated eligible Form I–140 Classifications: E11, E12, E21 (non-NIW), E31, E32, EW3. 

DHS also presents the total annual 

transfers from the petitioners and 

applicants who may be able to request 

premium processing in FY 2025. The 

newly eligible applicants and 

petitioners are those that may be able to 

file Form I–907 with their Forms I–539 

(application to extend/change 

nonimmigrant status, E–1, E–2, E–3, H– 

4, L–2, O–3, P–4, or R–2 classifications), 

and additional classifications of Form I– 

765. Table 40 details that the total 

annual transfer of this final rule from 

newly eligible premium processing 

requestors will be $192,055,000 to DHS 

due to the expected additional filing 

fees for year 5 through 10 of this 

analysis, FY 2025 through FY 2030. 

TABLE 40—SUMMARY OF ESTIMATED TOTAL ANNUAL TRANSFERS IN THIS FINAL RULE AFTER FY 2025 

Filing fees Estimated 

annual fees 

Form I–539, Application to Extend/Change Nonimmigrant Status, Transfers .................................................................................... $110,572,000 

Form I–765, Application for Employment Authorization, Transfers .................................................................................................... 81,483,000 

Total Annual Transfers (undiscounted) ........................................................................................................................................ 192,055,000 

DHS presents the total annual costs to 

the petitioners and applicants who may 

now be able to request premium 

processing beginning in FY 2022. The 

newly eligible applicants and 

petitioners may be able to file Form I– 

907 with their Forms I–539 (application 

to extend/change nonimmigrant status, 

F–1, F–2, J–1, J–2, M–1, or M–2 

classifications, certain classifications of 

Form I–765, and I–140 (EB–1, 

multinational executives and managers, 

and EB–2, members of professions with 

advanced degrees or exceptional ability 

seeking a national interest waiver). 

Table 41 details the total annual costs of 

this final rule to premium processing 

requestors of $9,717,505. 

TABLE 41—SUMMARY OF ESTIMATED TOTAL ANNUAL COSTS IN THIS FINAL RULE BEGINNING IN FY 2022 

Opportunity costs of time Estimated annual cost 

Newly Eligible Form I–140, Immigrant Petition for Alien Workers,* Opportunity 

Costs.

$2,934,568. 

Form I–539, Application to Extend/Change Nonimmigrant Status, Opportunity 

Costs.

$296,648. 

Form I–765, Application for Employment Authorization, Opportunity Costs ............ $6,486,289. 

Government Costs of Providing Premium Processing to Newly Eligible Populations.Unquantified. 

Total Annual Costs (undiscounted) ................................................................... $9,717,505 + Government Costs. 

* Note: Form I–140 EB–1, multinational executives and managers, and EB–2, members of professions with advanced degrees or exceptional 

ability seeking a national interest waiver. 

DHS presents the total annual costs to 

the petitioners and applicants who may 

now be able to request premium 

processing in FY 2025. The newly 

eligible applicants and petitioners may 

be able to file Form I–907 with their 

Forms I–539 (application to extend/ 

change nonimmigrant status, E–1, E–2, 

E–3, H–4, L–2, O–3, P–4, or R–2 

classifications), and additional 

classifications of Form I–765. Table 42 

details the total annual costs of this final 

rule to premium processing requestors 

of $7,324,368. 

TABLE 42—SUMMARY OF ESTIMATED TOTAL ANNUAL COSTS IN THIS FINAL RULE AFTER FY 2025 

Opportunity costs of time and filing fees Estimated annual cost 

Form I–539, Application to Extend/Change Nonimmigrant Status, Costs ................ $4,275,880. 

Form I–765, Application for Employment Authorization, Costs ................................ $3,048,488. 


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TABLE 42—SUMMARY OF ESTIMATED TOTAL ANNUAL COSTS IN THIS FINAL RULE AFTER FY 2025—Continued 

Opportunity costs of time and filing fees Estimated annual cost 

Government Costs of Providing Premium Processing to Newly Eligible Populations.Unquantified. 

Total Annual Costs (undiscounted) ................................................................... $7,324,368 + Government Costs. 

Discounted Costs and Transfer 

Payments 

The Continuing Appropriations Act, 

2021 and Other Extensions Act, signed 

into law on October 1, 2020, contained 

the Emergency Stopgap USCIS 

Stabilization Act, which set new fees for 

premium processing of immigration 

benefit requests that had been 

designated for premium processing as of 

August 1, 2020, and expanded USCIS 

authority to establish and collect new 

premium processing fees and to use 

those additional funds for expanded 

purposes. Table 43 shows the transfer 

payments from Form I–129 and Form I– 

140 premium processing requestors to 

DHS over the 10-year implementation 

period of this final rule. DHS used the 

actual transfer payments for FY 2021, 

and estimated FY 2022 through FY 2030 

based on the 5-year annual average 

populations. The table also shows the 

estimated annual transfer payments 

from newly eligible classification Form 

I–140 petitioners, Form I–539 

applicants, and Form I–765 applicants 

to DHS for some classifications 

beginning in FY 2022, and for other 

classifications in FY 2025. DHS 

estimates the total annualized transfer 

payments to be $743,160,614 

discounted at 3 percent and 

$729,337,131 discounted at 7 percent. 

TABLE 43—TOTAL UNDISCOUNTED AND DISCOUNTED TRANSFER PAYMENTS OF THIS FINAL RULE

FY 

Total estimated transfers 

$409,559,500 

(undiscounted FY 2021) 

$663,722,850 

(undiscounted FY 2022 through FY 2024) 

$855,777,850 

(undiscounted FY 2025 through FY 2030) 

Discounted at 

3 percent 

Discounted at 

7 percent 

2021 ..................................................................................................................................................... $397,630,583 $382,765,888 

2022 ..................................................................................................................................................... 625,622,443 579,721,242 

2023 ..................................................................................................................................................... 607,400,430 541,795,553 

2024 ..................................................................................................................................................... 589,709,156 506,350,984 

2025 ..................................................................................................................................................... 738,201,491 610,157,780 

2026 ..................................................................................................................................................... 716,700,477 570,240,916 

2027 ..................................................................................................................................................... 695,825,705 532,935,435 

2028 ..................................................................................................................................................... 675,558,937 498,070,500 

2029 ..................................................................................................................................................... 655,882,463 465,486,449 

2030 ..................................................................................................................................................... 636,779,091 435,034,064 

Total .............................................................................................................................................. 6,339,310,776 5,122,558,811 

Annualized Cost .................................................................................................................... 743,160,614 729,337,131 

In this Regulatory Impact Analysis, 

DHS is projecting a phased 

implementation and estimates the costs 

starting in FY 2022 for certain 

classifications and FY 2025 for 

additional new classifications, which is 

explained in greater detail in the 

‘‘Government Costs’’ section of this 

analysis. This phased implementation 

will allow current premium processing 

revenue to cover potential costs from 

the expedited processing of a large 

volume of new requests Table 44 shows 

the cost over the 10-year 

implementation period of this final rule 

if some of these newly designated 

immigration benefit requests are 

available in FY 2022 and some are not 

available for premium processing until 

FY 2025. DHS estimates the annualized 

cost to be $12,744,217 discounted at 3 

percent and $12,216,562 discounted at 7 

percent. DHS is using a phased 

implementation plan for the annualized 

cost estimate for this rule. The costs to 

the government are not estimated or 

included in these totals but are expected 

to be covered by the fee increases 

(transfers) from currently eligible Form 

I–129 and Form I–140 petitioners/ 

applicants that request premium 

processing. 


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112See 2 U.S.C. 1532(a). 113See U.S. Department of Labor, BLS, 

‘‘Historical Consumer Price Index for All Urban 

Consumers (CPI–U): U.S. city average, all items, by 

month,’’ available at https://www.bls.gov/cpi/tables/ 

supplemental-files/historical-cpi-u-202112.pdf (last 

visited Jan. 13, 2022). Calculation of inflation: (1) 

Calculate the average monthly CPI–U for the 

reference year (1995) and the current year (2021); 

(2) Subtract reference year CPI–U from current year 

CPI–U; (3) Divide the difference of the reference 

year CPI–U and current year CPI–U by the reference 

year CPI–U; (4) Multiply by 100 = [(Average 

monthly CPI–U for 2021¥Average monthly CPI–U 

for 1995)/(Average monthly CPI–U for 1995)] * 100 

= [(270.970¥152.383)/152.383] * 100 = (118.587/ 

152.383) * 100 = 0.77821673 * 100 = 77.82 percent 

= 78 percent (rounded). Calculation of inflationadjusted value: $100 million in 1995 dollars * 1.78 

= $178 million in 2021 dollars. 

114The term ‘‘Federal mandate’’ means a Federal 

intergovernmental mandate or a Federal private 

sector mandate. See 2 U.S.C. 1502(1), 658(6). 

TABLE 44—TOTAL UNDISCOUNTED AND DISCOUNTED COSTS OF THIS FINAL RULE WITH DELAYED IMPLEMENTATION

[Primary] 

FY 

Total estimated costs 

$9,717,505 

(undiscounted FY 2022 through FY 2024) 

$17,041,872 

(undiscounted FY 2025 through FY 2030) 

Discounted at 

3 percent 

Discounted at 

7 percent 

2021 ..................................................................................................................................................... $0 $0 

2022 ..................................................................................................................................................... 9,159,680 8,487,645 

2023 ..................................................................................................................................................... 8,892,893 7,932,378 

2024 ..................................................................................................................................................... 8,633,877 7,413,438 

2025 ..................................................................................................................................................... 14,700,468 12,150,619 

2026 ..................................................................................................................................................... 14,272,300 11,355,719 

2027 ..................................................................................................................................................... 13,856,601 10,612,821 

2028 ..................................................................................................................................................... 13,453,011 9,918,525 

2029 ..................................................................................................................................................... 13,061,176 9,269,649 

2030 ..................................................................................................................................................... 12,680,753 8,663,224 

Total .............................................................................................................................................. 82,024,310 61,970,557 

Annualized Cost .................................................................................................................... 12,744,217 12,216,562 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 605(b), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), requires 

an agency to prepare and make available 

to the public a regulatory flexibility 

analysis that describes the effect of the 

rule on small entities (i.e., small 

businesses, small organizations, and 

small governmental jurisdictions). A 

regulatory flexibility analysis is not 

required when a rule is exempt from 

notice-and-comment rulemaking. This 

rule is exempt from notice-andcomment rulemaking. Therefore, a 

regulatory flexibility analysis is not 

required for this rule. 

D. Small Business Regulatory 

Enforcement Fairness Act of 1996 

(Congressional Review Act) 

The Congressional Review Act (CRA) 

was included as part of SBREFA by 

section 804 of SBREFA, Public Law 

104–121, 110 Stat. 847, 868, et seq. 

OIRA has determined that this rule is a 

major rule as defined by the CRA. DHS 

has complied with the CRA’s reporting 

requirements and has sent this final rule 

to Congress and to the Comptroller 

General as required by 5 U.S.C. 

801(a)(1). 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (UMRA) is intended, among 

other things, to curb the practice of 

imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of UMRA requires each Federal 

agency to prepare a written statement 

assessing the effects of any Federal 

mandate in a proposed rule, or final rule 

for which the agency published a 

proposed rule, that includes any Federal 

mandate that may result in a $100 

million or more expenditure (adjusted 

annually for inflation) in any one year 

by State, local, and tribal governments, 

in the aggregate, or by the private 

sector.112 This rule is exempt from the 

written statement requirement, because 

DHS did not publish a notice of 

proposed rulemaking for this rule. 

In addition, the inflation-adjusted 

value of $100 million in 1995 is 

approximately $178 million in 2021 

based on the Consumer Price Index for 

All Urban Consumers (‘‘CPI–U’’).113

This final rule does not contain a 

Federal mandate as the term is defined 

under UMRA.114 The requirements of 

title II of UMRA, therefore, do not 

apply, and DHS has not prepared a 

statement under UMRA. 

F. Executive Order 13132 (Federalism) 

This rule does not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of E.O. 13132, 

64 FR 43255 (Aug. 4, 1999), this rule 

does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

G. Executive Order 12988 (Civil Justice 

Reform) 

This rule was drafted and reviewed in 

accordance with E.O. 12988, Civil 

Justice Reform. This final rule was 

written to provide a clear legal standard 

for affected conduct and was carefully 

reviewed to eliminate drafting errors 

and ambiguities, so as to minimize 

litigation and undue burden on the 

Federal court system. DHS has 

determined that this final rule meets the 

applicable standards provided in 

section 3 of E.O. 12988. 

H. National Environmental Policy Act 

DHS Directive 023–01 Rev. 01 

(Directive) and Instruction Manual 023– 

01–001–01 Rev. 01 (Instruction Manual) 

establish the policies and procedures 

that DHS and its components use to 

comply with the National 

Environmental Policy Act (NEPA) and 

the Council on Environmental Quality 


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115 40 CFR parts 1500 through 1508. 

116 40 CFR 1507.3(e)(2)(ii) and 1501.4. 

117See Appendix A, Table 1. 

118 Instruction Manual section V.B(2)(a) through 

(c). 

119See 5 U.S.C. 601 note. 

120Public Law 105–277, 112 Stat. 2681 (1998). 

(CEQ) regulations for implementing 

NEPA.115

The CEQ regulations allow Federal 

agencies to establish, with CEQ review 

and concurrence, categories of actions 

(‘‘categorical exclusions’’) that 

experience has shown do not have a 

significant effect on the human 

environment and, therefore, do not 

require an Environmental Assessment or 

Environmental Impact Statement.116

The Instruction Manual establishes 

categorical exclusions that DHS has 

found to have no such effect.117 Under 

DHS NEPA implementing procedures, 

for an action to be categorically 

excluded it must satisfy each of the 

following three conditions: (1) The 

entire action clearly fits within one or 

more of the categorical exclusions; (2) 

the action is not a piece of a larger 

action; and (3) no extraordinary 

circumstances exist that create the 

potential for a significant environmental 

effect.118

This rule codifies in regulation the 

USCIS Stabilization Act, which 

amended USCIS authority to provide 

premium processing services and to 

establish and collect premium 

processing fees for those services and 

only amends DHS premium processing 

regulations to codify those fees set by 

the USCIS Stabilization Act, as well as 

the pre-existing timeframes for 

previously designated immigration 

benefit requests, and to establish new 

fees and processing timeframes for the 

new immigration benefit requests that 

are now designated for premium 

processing. 

DHS has determined that this rule 

clearly fits within categorical exclusions 

A3(a) and (b) in Appendix A of the 

Instruction Manual established for rules 

of a strictly administrative or procedural 

nature, and rules that implement, 

without substantive change, statutory or 

regulatory requirements. 

This rule is not part of a larger action 

and presents no extraordinary 

circumstances creating the potential for 

significant environmental effects. 

Therefore, this rule is categorically 

excluded from further NEPA review. 

I. Family Assessment 

DHS has reviewed this rule in line 

with the requirements of section 654 of 

the Treasury and General Government 

Appropriations Act, 1999,119 enacted as 

part of the Omnibus Consolidated and 

Emergency Supplemental 

Appropriations Act, 1999.120 DHS has 

systematically reviewed the criteria 

specified in section 654(c)(1), by 

evaluating whether this regulatory 

action: (1) Impacts the stability or safety 

of the family, particularly in terms of 

marital commitment; (2) impacts the 

authority of parents in the education, 

nurture, and supervision of their 

children; (3) helps the family perform 

its functions; (4) affects disposable 

income or poverty of families and 

children; (5) only financially impacts 

families, if at all, to the extent such 

impacts are justified; (6) may be carried 

out by State or local government or by 

the family; or (7) establishes a policy 

concerning the relationship between the 

behavior and personal responsibility of 

youth and the norms of society. If the 

agency determines a regulation may 

negatively affect family well-being, then 

the agency must provide an adequate 

rationale for its implementation. 

DHS has determined that the 

implementation of this regulation will 

not negatively affect family well-being 

and will not have any impact on the 

autonomy or integrity of the family as 

an institution. 

J. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, 44 U.S.C. 3501–12, DHS must 

submit to OMB, for review and 

approval, any reporting requirements 

inherent in a rule, unless they are 

exempt. See Public Law 104–13, 109 

Stat. 163 (May 22, 1995). The 

Information Collection Table 45 below 

shows the summary of forms that are 

part of this rulemaking. 

TABLE 45—INFORMATION COLLECTION CHANGES ASSOCIATED WITH THIS FINAL RULE

OMB control No. Form No. and title Type of information collection 

1615–0048 ................................................................ Form I–907, Request for Premium 

Processing Service.

Revision of a Currently Approved Collection. 

1615–0003 ................................................................ Form I–539, Application to Extend/ 

Change Nonimmigrant Status.

No material or non-substantive change of a Currently 

Approved Collection. 

1615–0040 ................................................................ Form I–765, Application for Employment Authorization.No material of non-substantive change of a Currently 

Approved Collection. 

1615–0009 ................................................................ Form I–129, Petition for a Nonimmigrant Worker.No material or non-substantive change to a currently 

approved collection. 

1615–0015 ................................................................ Form I–140, Immigrant Petition for 

an Alien Worker.

No material or non-substantive change to a currently 

approved collection. 

USCIS will revise one information 

collection in association with this 

rulemaking action (see table above 

where the Type of Information 

Collection column states: ‘‘Revision of a 

Currently Approved Collection’’). This 

final rule will also require nonsubstantive edits to the forms listed 

above where the Type of Information 

Collection column states, ‘‘No material/ 

non-substantive change to a currently 

approved collection.’’ Accordingly, 

USCIS has submitted a Paperwork 

Reduction Act Change Worksheet, Form 

OMB 83–C, and amended information 

collection instruments to OMB for 

review and approval in accordance with 

the PRA. 

USCIS Form I–907 

DHS and USCIS invite the general 

public and other Federal agencies to 

comment on the impact to the proposed 

collection of information. In accordance 

with the PRA, the information 

collection notice is published in the 

Federal Register to obtain comments 

regarding the proposed edits to the 

information collection instrument. 

Comments are encouraged and will be 

accepted for 60 days from the 

publication date of this final rule. All 

submissions received must include the 

OMB Control Number 1615–0048 in the 

body of the letter, the agency name, and 

Docket No. USCIS–2006–0025. Submit 

comments via the Federal eRulemaking 

Portal website at https://

www.regulations.gov under e-Docket ID 

number USCIS–2006–0025. To avoid 

duplicate submissions, please only 


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submit comments according to the 

instructions specified in this rule. 

Comments on this information 

collection should address one or more 

of the following four points: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the agency, 

including whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the agency’s 

estimate of the burden of the collection of 

information, including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) Minimize the burden of the collection 

of information on those who are to respond, 

including through the use of appropriate 

automated, electronic, mechanical, or other 

technological collection techniques or other 

forms of information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of Information Collection 

(1) Type of Information Collection: 

Revision of a Currently Approved 

Collection. 

(2) Title of the Form/Collection: 

Request for Premium Processing 

Service. 

(3) Agency form number, if any, and 

the applicable component of the DHS 

sponsoring the collection: I–907; USCIS. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. USCIS uses the data 

collected on this form to process a 

request for premium processing. The 

form serves the purpose of 

standardizing requests for premium 

processing and ensures that basic 

information required to assess eligibility 

is provided by the applicant or 

employer/petitioner. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: The estimated total number of 

respondents for the information 

collection I–907 is 815,773 and the 

estimated hour burden per response is 

0.58 hours. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The total estimated annual 

hour burden associated with this 

collection is 473,148 hours. 

(7) An estimate of the total public 

burden (in cost) associated with the 

collection: The estimated total annual 

cost burden associated with this 

collection of information is 

$202,923,534. 

List of Subjects in 8 CFR Part 106 

Fees, Immigration. 

Accordingly, the Department of 

Homeland Security amends part 106 of 

chapter I of title 8 of the Code of Federal 

Regulations as follows: 

PART 106—USCIS Fee Schedule 

■ 1. The authority citation for part 106 

is revised to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1254a, 

1254b, 1304, 1356; Pub. L. 107–609; 48 

U.S.C. 1806; Pub. L. 115–218; Pub. L. 116– 

159. 

■ 2. Section 106.4 is revised to read as 

follows: 

§ 106.4 Premium processing service. 

(a) General. A person may submit a 

request to USCIS for premium 

processing of certain immigration 

benefit requests, subject to processing 

timeframes and fees, as described in this 

section. 

(b) Submitting a request. A request 

must be submitted on the form and in 

the manner prescribed by USCIS in the 

form instructions. If the request for 

premium processing is submitted 

together with the underlying 

immigration benefit request, all required 

fees in the correct amount must be paid. 

The fee to request premium processing 

service may not be waived and must be 

paid in addition to, and in a separate 

remittance from, other filing fees. 

(c) Designated benefit requests and fee 

amounts. Benefit requests designated for 

premium processing and the 

corresponding fees to request premium 

processing service are as follows: 

(1) Application for classification of a 

nonimmigrant described in section 

101(a)(15)(E)(i), (ii), or (iii) of the INA— 

$2,500. 

(2) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(H)(i)(b) of the INA or section 

222(a) of the Immigration Act of 1990, 

Public Law 101–649—$2,500. 

(3) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(H)(ii)(b) of the INA—$1,500. 

(4) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(H)(iii) of the INA—$2,500. 

(5) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(L) of the INA—$2,500. 

(6) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(O)(i) or (ii) of the INA— 

$2,500. 

(7) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(P)(i), (ii), or (iii) of the INA— 

$2,500. 

(8) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(Q) of the INA—$2,500. 

(9) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(R) of the INA—$1,500. 

(10) Application for classification of a 

nonimmigrant described in section 

214(e) of the INA—$2,500. 

(11) Petition for classification under 

section 203(b)(1)(A) of the INA—$2,500. 

(12) Petition for classification under 

section 203(b)(1)(B) of the INA—$2,500. 

(13) Petition for classification under 

section 203(b)(2)(A) of the INA not 

involving a waiver under section 

203(b)(2)(B) of the INA—$2,500. 

(14) Petition for classification under 

section 203(b)(3)(A)(i) of the INA— 

$2,500. 

(15) Petition for classification under 

section 203(b)(3)(A)(ii) of the INA— 

$2,500. 

(16) Petition for classification under 

section 203(b)(3)(A)(iii) of the INA— 

$2,500. 

(17) Petition for classification under 

section 203(b)(1)(C) of the INA—$2,500. 

(18) Petition for classification under 

section 203(b)(2) of the INA involving a 

waiver under section 203(b)(2)(B) of the 

INA—$2,500. 

(19) Application under section 248 of 

the INA to change status to a 

classification described in section 

101(a)(15)(F), (J), or (M) of the INA— 

$1,750. 

(20) Application under section 248 of 

the INA to change status to be classified 

as a dependent of a nonimmigrant 

described in section 101(a)(15)(E), (H), 

(L), (O), (P), or (R) of the INA, or to 

extend stay in such classification— 

$1,750. 

(21) Application for employment 

authorization—$1,500. 

(d) Fee adjustments. The fee to 

request premium processing service 

may be adjusted by notice in the 

Federal Register on a biennial basis 

based on the percentage by which the 

Consumer Price Index for All Urban 

Consumers for the month of June 

preceding the date on which such 

adjustment takes effect exceeds the 

Consumer Price Index for All Urban 

Consumers for the same month of the 

second preceding calendar year. 

(e) Processing timeframes. The 

processing timeframes for a request for 

premium processing are as follows: 

(1) Application for classification of a 

nonimmigrant described in section 

101(a)(15)(E)(i), (ii), or (iii) of the INA— 

15 days. 

(2) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(H)(i)(b) of the INA or section 

222(a) of the Immigration Act of 1990, 

Public Law 101–649—15 days. 

(3) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(H)(ii)(b) of the INA—15 days. 

(4) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(H)(iii) of the INA—15 days. 


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(5) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(L) of the INA—15 days. 

(6) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(O)(i) or (ii) of the INA—15 

days. 

(7) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(P)(i), (ii), or (iii) of the INA— 

15 days. 

(8) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(Q) of the INA—15 days. 

(9) Petition for classification of a 

nonimmigrant described in section 

101(a)(15)(R) of the INA—15 days. 

(10) Application for classification of a 

nonimmigrant described in section 

214(e) of the INA—15 days. 

(11) Petition for classification under 

section 203(b)(1)(A) of the INA—15 

days. 

(12) Petition for classification under 

section 203(b)(1)(B) of the INA—15 

days. 

(13) Petition for classification under 

section 203(b)(2)(A) of the INA not 

involving a waiver under section 

203(b)(2)(B) of the INA—15 days. 

(14) Petition for classification under 

section 203(b)(3)(A)(i) of the INA—15 

days. 

(15) Petition for classification under 

section 203(b)(3)(A)(ii) of the INA—15 

days. 

(16) Petition for classification under 

section 203(b)(3)(A)(iii) of the INA—15 

days. 

(17) Petition for classification under 

section 203(b)(1)(C) of the INA—45 

days. 

(18) Petition for classification under 

section 203(b)(2) of the INA involving a 

waiver under section 203(b)(2)(B) of the 

INA—45 days. 

(19) Application under section 248 of 

the INA to change status to a 

classification described in section 

101(a)(15)(F), (J), or (M) of the INA—30 

days. 

(20) Application under section 248 of 

the INA to change status to be classified 

as a dependent of a nonimmigrant 

described in section 101(a)(15)(E), (H), 

(L), (O), (P), or (R) of the INA, or to 

extend stay in such classification—30 

days. 

(21) Application for employment 

authorization—30 days. 

(f) Processing requirements and 

refunds. (1) USCIS will issue an 

approval notice, denial notice, a notice 

of intent to deny, or a request for 

evidence within the premium 

processing timeframe. 

(2) Premium processing timeframes 

will commence: 

(i) For those benefits described in 

paragraphs (e)(1) through (16) of this 

section, on the date the form prescribed 

by USCIS, together with the required 

fee(s), are received by USCIS. 

(ii) For those benefits described in 

paragraphs (e)(17) through (21) of this 

section, on the date that all prerequisites 

for adjudication, the form prescribed by 

USCIS, and fee(s) are received by 

USCIS. 

(3) In the event USCIS issues a notice 

of intent to deny or a request for 

evidence, the premium processing 

timeframe will stop. The premium 

processing timeframe as specified in 

paragraphs (e)(1) through (21) of this 

section will start over on the date that 

USCIS receives a response to the notice 

of intent to deny or the request for 

evidence. 

(4) Except as provided in paragraph 

(f)(5) of this section, USCIS will refund 

the premium processing service fee but 

continue to process the case if USCIS 

does not take adjudicative action 

described in paragraph (f)(1) of this 

section within the applicable processing 

timeframe as required in paragraph (e) 

of this section. 

(5) USCIS may retain the premium 

processing fee and not take an 

adjudicative action described in 

paragraph (f)(1) of this section on the 

request within the applicable processing 

timeframe, and not notify the person 

who filed the request, if USCIS opens an 

investigation for fraud or 

misrepresentation relating to the 

immigration benefit request. 

(g) Availability. (1) USCIS will 

announce by its official internet 

website, currently http://www.uscis.gov, 

the benefit requests described in 

paragraph (c) of this section for which 

premium processing may be requested, 

the dates upon which such availability 

commences or ends, and any conditions 

that may apply. 

(2) USCIS may suspend the 

availability of premium processing for 

immigration benefit requests designated 

for premium processing if 

circumstances prevent the completion 

of processing of a significant number of 

such requests within the applicable 

processing timeframe. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–06742 Filed 3–29–22; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–TP–0024] 

RIN 1904–AE01 

Energy Conservation Program: Test 

Procedure for Microwave Ovens 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: In this final rule, DOE is 

amending its test procedure for 

microwave oven standby mode and off 

mode to provide additional 

specifications for the test conditions 

related to clock displays and network 

functions. DOE is not prescribing an 

active mode test procedure for 

microwave ovens at this time. 

DATES: The effective date of this rule is 

April 29, 2022. The final rule changes 

will be mandatory for product testing 

starting September 26, 2022. The 

incorporation by reference of certain 

other publications listed in this 

rulemaking was approved by the 

Director of the Federal Register on 

December 17, 2012. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

A link to the docket web page can be 

found at www.regulations.gov/ 

docket?D=EERE-2017-BT-TP-0024. The 

docket web page contains instructions 

on how to access all documents, 

including public comments, in the 

docket. 

For further information on how to 

review the docket contact the Appliance 

and Equipment Standards Program staff 

at (202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Stephanie Johnson, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–2J, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 287– 

1943. Email: MWO2017TP0024@

ee.doe.gov. 


khammond on DSKJM1Z7X2PROD with RULES