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• DHS Considers Changes to USCIS Premium Processing Timelines
• USCIS Finalizes Elimination of 540-Day Automatic EAD Extensions
• Trump Administration Proposes Ending Deference to Prior Immigration Petition Approvals
• DOL Launches Immigration Program Investigations and Suspends Certain PERM Filings

DHS Considers Changes to USCIS Premium Processing Timelines

The Department of Homeland Security is preparing a proposed regulation that could modify premium processing timelines for certain immigration applications and petitions. The proposal is currently under review by the Office of Management and Budget, an early step in the federal rulemaking process. 

USCIS currently offers premium processing for an additional fee, providing expedited adjudicative action on eligible immigration benefit requests. Depending on the application type, processing periods range from 15 to 45 business days. 

Current premium processing timelines include: 

• 15 business days: Most eligible Form I-129 petitions and certain Form I-140 immigrant worker petitions. 
• 30 business days: Certain Form I-765 applications for F-1 students seeking OPT and Form I-539 applications for changes to F, M, or J status. 
• 45 business days: Form I-140 petitions for EB-1C multinational managers and executives and EB-2 National Interest Waiver applicants. 

Premium processing guarantees USCIS action within the applicable timeframe, which may include an approval, denial, Request for Evidence, or Notice of Intent to Deny. 

Although specific details have not been released, DHS may seek to extend existing processing periods.  The proposed changes will become clearer once the regulation is published in the Federal Register. 

Importantly, no premium processing timelines have changed at this stage. Once published, the proposal will undergo a public comment period before DHS can issue a final rule. 

Impact: Changes to premium processing timelines could affect hiring schedules, employee start dates, and immigration case planning.   Employers should continue planning around existing processing periods while monitoring the proposal for potential changes.

USCIS Finalizes Elimination of 540-Day Automatic EAD Extensions

U.S. Citizenship and Immigration Services has issued a final rule eliminating the maximum 540-day automatic extension of Employment Authorization Documents (EADs) for certain renewal applications. The rule formalizes an interim policy that has been in effect since October 30, 2025. 

Under the policy, affected individuals who file EAD renewal applications on or after October 30, 2025, generally no longer receive automatic extensions while their applications are pending.  Work authorization may therefore expire with the current EAD unless another valid basis for employment authorization exists. 

The change affects several immigration categories, including: 

• Adjustment of status applicants (C09) 
• Refugees and asylees (A03 and A05) 
• Pending asylum applicants (C08) 
• Certain H-4 spouses (C26) 
• Temporary Protected Status beneficiaries (A12 and C19) 
• Certain VAWA self-petitioners (A31) 

Importantly, the final rule does not invalidate automatic extensions granted before October 30, 2025, or extensions authorized separately by law or Federal Register notice. Certain TPS beneficiaries may remain eligible for country-specific extensions, while qualifying F-1 students seeking STEM OPT extensions retain the separate 180-day automatic extension. 

The final regulation does not impose additional restrictions beyond those established under the 2025 interim rule. 

Impact: The finalized policy reinforces the importance of early EAD renewal planning for employers and foreign nationals. Employers should closely monitor work authorization expiration dates, review applicable exceptions, and prepare for potential employment interruptions to maintain Form I-9 compliance.

Trump Administration Proposes Ending Deference to Prior Immigration Petition Approvals

The Department of Homeland Security has proposed eliminating the USCIS requirement to generally defer to prior petition approvals when the underlying facts remain unchanged. The proposal would affect Form I-129 petitions for temporary workers, including H-1B, L-1, O-1, and other nonimmigrant visa categories. 

Under current regulations, USCIS officers generally give weight to previous petition approvals involving the same parties and facts, unless there has been a material change in circumstances, an error in the original decision, or new information affecting eligibility. 

The proposed rule would remove this requirement, allowing officers to independently reassess eligibility each time a petition is filed, even when an employer and employee have already received approval under substantially identical circumstances. 

 The change could increase scrutiny of extension petitions, including cases involving employees who continue in the same positions and immigration classifications. 

A similar policy was implemented in 2017 during the first Trump Administration, resulting in increased Requests for Evidence and higher denial rates for certain nonimmigrant petitions. The deference policy was subsequently restored in 2021 and formally incorporated into federal regulations in 2024. 

 The proposal does not change current filing requirements and remains subject to a 30-day public comment period.

Impact: Eliminating deference could increase scrutiny, processing delays, and denial risks for employers sponsoring temporary foreign workers, particularly during extensions of status. Employers should prepare for potentially greater evidentiary requirements in extension filings, even where USCIS has previously approved substantially identical petitions.

DOL Launches Immigration Program Investigations and Suspends Certain PERM Filings

The Department of Labor has announced new investigations into several organizations’ compliance with employment-based immigration programs, including PERM labor certification, H-1B sponsorship, and J-1 exchange visitor programs. As part of the initiative, DOL has suspended processing of pending and future PERM applications for certain employers while investigations proceed. 

The inquiries focus on potential compliance issues involving recruitment, hiring practices, wages, and employment arrangements. The Administration also announced investigations into J-1 programs at nine universities, focusing on compensation practices for foreign researchers and potential foreign financial influence. 

Under existing regulations, DOL may investigate suspected fraud or misrepresentation in PERM filings and temporarily suspend an employer’s participation in the labor certification program. Initial suspensions may last up to 180 days and can be extended while investigations or related legal proceedings continue. 

Importantly, the investigations do not establish wrongdoing, and the announced PERM suspensions apply only to the affected organizations. Other employers may continue submitting PERM applications under existing requirements. 

The government has provided limited details about the allegations, and additional organizations or employers with relevant vendor relationships could face requests for information as investigations progress. 

Impact: The investigations signal heightened scrutiny of employment-based immigration compliance, particularly for organizations with recent layoffs, substantial immigration sponsorship activity, or complex workforce arrangements. Employers should review recruitment records, wage practices, and immigration documentation to ensure continued compliance.