On September 30, 2020 the President signed H.R. 8337, while the law takes effect immediately, the increased fees and expanded availability of premium processing will not take effect until USCIS is able to implement them. The bill:

  1. Expands premium processing services to:
    1. Employment-based non-immigrant petitions and associated applications for dependents;
    2. Form I-140 petitions;
    3. Form I-539;
    4. Form I-765; and
    5. Any other immigration benefit type deemed appropriate by the Secretary.
  2. Increases the premium processing fee for benefit requests that are already eligible for premium processing services from $1,440 to $2,500, except for H-2B and R-1 petitions.
  3. Requires rulemaking to set fees for expanded premium processing services, but it must be consistent with the following:
    1. EB-1 petitions for Multinational Managers and Executives or EB-2 NIW petitions – fee is no greater than $2,500 and processing time is no greater than 45 days.
    2. Change of status requests for F, J and M – fee is no greater than $1,750 and processing time is no greater than 30 days.
    3. Change of status requests for dependents seeking E, H, L, O, P and R – fee is no greater than $1,750 and processing time is no greater than 30 days.
    4. Form I-765 – fee is no greater than $1,750 and processing time is no greater than 30 days.
  4. Allows for a biennial adjustment of premium processing fees based on the Consumer Price Index without rulemaking.
  5. Clarifies that the processing time clock does not begin until “all prerequisites for adjudication are received” by DHS.
  6. Ensures that providing expanded premium processing services does not result in an increase in processing times for other benefit applications.
  7. Requires a semi-annual congressional briefing and that within 180 days, USCIS provide a five year plan on establishing:
    1. Electronic filing procedures for all applications and petitions;
    2. Acceptance of electronic filing at all locations; and
    3. Issuance of all correspondence and notices electronically.

Relevant Sections of act are below.

DIVISION D—OTHER MATTERS

TITLE I—EMERGENCY STOPGAP USCIS STABILIZATION ACT

SEC. 4101. SHORT TITLE.

This title may be cited as the ‘‘Emergency Stopgap USCIS Stabilization Act’’.

SECTION 4102. EXPANSION OF PREMIUM PROCESSING.

(a) IN GENERAL.—Section 286(u) of the Immigration and Nation- ality Act (8 U.S.C. 1356(u)) is amended to read as follows:

‘‘(u) PREMIUM FEE FOR CERTAIN IMMIGRATION BENEFIT TYPES.— ‘‘(1) IN GENERAL.—The Secretary of Homeland Security is authorized to establish and collect a premium fee for the immigration benefit types described in paragraph (2). Such fee shall be paid in addition to any other fees authorized by law, deposited as offsetting receipts in the Immigration Examinations Fee Account established under subsection (m),

and used for the purposes described in paragraph (4).
‘‘(2) IMMIGRATION BENEFIT TYPES.—Subject to reasonable conditions or limitations, the Secretary shall establish a pre-

mium fee under paragraph (1) in connection with—
‘‘(A) employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries

of such petitions;
‘‘(B) employment-based immigrant petitions filed by

or on behalf of aliens described in paragraph (1), (2), or (3) of section 203(b);

‘‘(C) applications to change or extend nonimmigrant status;

‘‘(D) applications for employment authorization; and

‘‘(E) any other immigration benefit type that the Sec- retary deems appropriate for premium processing.
‘‘(3) AMOUNT OF FEE.—

‘‘(A) IN GENERAL.—Subject to subparagraph (C), with respect to an immigration benefit type designated for pre- mium processing by the Secretary on or before August 1, 2020, the premium fee shall be $2,500, except that the premium fee for a petition for classification of a non- immigrant described in subparagraph (H)(ii)(b) or (R) of section 101(a)(15) shall be $1,500.

‘‘(B) OTHER IMMIGRATION BENEFIT TYPES.—With respect to an immigration benefit type designated for premium processing but not described in subparagraph (A), the ini- tial premium fee shall be established by regulation, which shall include a detailed methodology supporting the pro- posed premium fee amount.

‘‘(C) BIENNIAL ADJUSTMENT.—The Secretary may adjust a premium fee under subparagraph (A) or (B) on a biennial basis by the percentage (if any) 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. The provisions of section 553 of title 5, United States Code, shall not apply to an adjustment authorized under this subparagraph.
‘‘(4) USE OF FEE.—Fees collected under this subsection may

only be used by U.S. Citizenship and Immigration Services to—

‘‘(A) provide the services described in paragraph (5) to premium processing requestors;

‘‘(B) make infrastructure improvements in adjudica- tions processes and the provision of information and serv- ices to immigration and naturalization benefit requestors;

‘‘(C) respond to adjudication demands, including by reducing the number of pending immigration and naturalization benefit requests; and

‘‘(D) otherwise offset the cost of providing adjudication and naturalization services.
‘‘(5) PREMIUM PROCESSING SERVICES.—The Secretary—

‘‘(A) may suspend the availability of premium proc- essing for designated immigration benefit requests only if circumstances prevent the completion of processing of a significant number of such requests within the required period; and

‘‘(B) shall ensure that premium processing requestors have direct and reliable access to current case status information as well as the ability to communicate with the premium processing units at each service center or office that provides premium processing services.’’.

(b) EXPANSION TO NEW BENEFIT REQUESTS.—
(1) IN GENERAL.—Notwithstanding the requirement to set

a fee by regulation under section 286(u)(3)(B) of the Immigra- tion and Nationality Act (8 U.S.C. 1356(u)(3)(B)), as amended by subsection (a), the Secretary of Homeland Security may set a fee under that section without regard to the provisions of section 553 of title 5, United States Code, if such fee is consistent with the following:

(A) For a petition for classification under section 203(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(1)(C)), or a petition for classification under section 203(b)(2) involving a waiver under section 203(b)(2)(B) of such Act, the fee is set at an amount not greater than $2,500 and the required processing timeframe is not greater than 45 days.

(B) For an application under section 248 of the Immigration and Nationality Act (8 U.S.C. 1258) to change status to a classification described in subparagraph (F), (J), or (M) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days.

(C) For an application under section 248 of the Immigration and Nationality Act (8 U.S.C. 1258) to change status to be classified as a dependent of a nonimmigrant described in subparagraph (E), (H), (L), (O), (P), or (R) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), or to extend such classification, the fee is set at an amount not greater than $1,750 and the required processing time- frame is not greater than 30 days.

(D) For an application for employment authorization, the fee is set at an amount not greater than $1,500 and the required processing timeframe is not greater than 30 days.
(2) CLARIFICATION.—The required processing timeframe for

each of the applications and petitions described in paragraph (1) shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security.

(c) OTHER BENEFIT REQUESTS.—In implementing the amend- ments made by subsection (a), the Secretary of Homeland Security shall develop and implement processes to ensure that the avail- ability of premium processing, or its expansion to additional immigration benefit requests, does not result in an 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.

SEC. 4103. REPORTING REQUIREMENTS.

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the appropriate Committees a 5-year plan, including projected cost estimates, procurement strategies, and a project schedule with milestones, to accomplish each of the following:

(1) Establish electronic filing procedures for all applications and petitions for immigration benefits.

(2) Accept electronic payment of fees at all filing locations.

(3) Issue correspondence, including decisions, requests for evidence, and notices of intent to deny, to immigration benefit requestors electronically.

(4) Improve processing times for all immigration and natu- ralization benefit requests.
(b) SEMI-ANNUAL BRIEFINGS.—Not later than 180 days after

submission of the plan described in subsection (a), and on a semi- annual basis thereafter, the Secretary shall advise the appropriate Committees on the implementation status of such plan.

(c) APPROPRIATE COMMITTEES DEFINED.—In this section, the term ‘‘appropriate Committees’’ means—

(1) the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives; and

(2) the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate.