Premium Processing Requests on Form I-907: Eligible Petitions, Fees, and Processing Times
USCIS premium processing is a valuable service offered by the United States Citizenship and Immigration Services (USCIS) agency, designed to expedite the adjudication process for certain immigration applications. This article goes into the details of USCIS premium processing, outlining its benefits, eligibility criteria, and how it can be utilized to navigate the immigration process more effectively.
What is Premium Processing?
Premium Processing is an additional fee service offered by USCIS allowing applicants to expedite the processing of certain immigration petitions. By filing Form I-907 and paying the applicable filing fee, applicants can request much faster processing of their petitions, reducing the overall waiting time.
USCIS is required to provide a response within a specific timeframe or the filing fees may be refunded. A response can be an approval, denial, intent to deny, request for evidence or investigative action. In the event USCIS requests documents or information from the petitioner or applicant, the “clock” restarts once USCIS receives the requested items.
Who is Eligible for Premium Processing and What is the Processing Time?
Premium processing is available for the following forms:
- Form I-129, Petition for a Nonimmigrant Worker;
- Form I-140, Immigrant Petition for Alien Worker;
- Form I-765, Application for Employment Authorization, and
- Form I-539, Application to Extend/Change Nonimmigrant Status.
The processing times vary by application type as noted below:
- 15 business days for most classifications;
- 30 business days for Form I-765 for F-1 students seeking OPT or STEM OPT extensions;
- 30 business days for Form I-539 applicants requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status, once all prerequisites, including receipt of biometrics, have been met;
- 45 business days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver classifications
Premium Processing Availability by Petition/Application Category
| Form I-129 Petitions | Nonimmigrant Classification | Filing Fee | Response Time |
|---|---|---|---|
| Treaty trader | E-1 | $2,805 | 15 days |
| Treaty investor | E-2 | $2,805 | 15 days |
| Certain Specialty Occupation Professionals from Australia | E-3 | $2,805 | 15 days |
| Alien in specialty occupation | H-1B | $2,805 | 15 days |
| Temporary worker performing nonagricultural services | H-2B | $1,685 | 15 days |
| Trainee or special education exchange visitor | H-3 | $2,805 | 15 days |
| Intracompany transferee, executive or manager capacity | L-1A | $2,805 | 15 days |
| Intracompany transferee, specialized knowledge professional | L-1B | $2,805 | 15 days |
| A petitioner meeting certain requirements which seeks continuous approval of itself and some or all of its parents, branches, subsidiaries, and affiliates | LZ (Blanket L-1) | $2,805 | 15 days |
| Alien of extraordinary ability or achievements in the sciences, arts, education, business, or athletics | O-1 | $2,805 | 15 days |
| Alien providing essential support services for a principal O-1 alien | O-2 | $2,805 | 15 days |
| Internationally recognized athlete or member of an internationally recognized entertainment group | P-1 | $2,805 | 15 days |
| Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-1 alien | P-1S | $2,805 | 15 days |
| Artist or entertainer under a reciprocal exchange program | P-2 | $2,805 | 15 days |
| Essential support alien, highly skilled, who performs support services essential to the successful performance of the principal P-2 alien | P-2S | $2,805 | 15 days |
| Artist or entertainer in a culturally unique program | P-3 | $2,805 | 15 days |
| Essential support alien, highly skilled, who performs support services essential to the successful performance of the principal P-3 alien | P-3S | $2,805 | 15 days |
| International cultural exchange alien | Q-1 | $2,805 | 15 days |
| Alien in a religious occupation | R-1 | $1,685 | 15 days |
| NAFTA professional, Canada | TN-1 | $2,805 | 15 days |
| NAFTA professional, Mexico | TN-2 | $2,805 | 15 days |
| Form I-140 Petitions | Immigrant Classification | Filing Fee | Response Time |
| Aliens of extraordinary ability | E11 (EB-1) | $2,805 | 15 days |
| Outstanding professors and researchers | E12 (EB-1) | $2,805 | 15 days |
| Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver | E21 (EB-2) | $2,805 | 15 days |
| Skilled workers4 | E31 (EB-3) | $2,805 | 15 days |
| Professionals4 | E32 (EB-3) | $2,805 | 15 days |
| Workers other than skilled workers and professionals | EW3 | $2,805 | 15 days |
| Multinational executives and managers | E13 (EB-1) | $2,805 | 45 days |
| Members of professions with advanced degrees or exceptional ability seeking a national interest waiver | E21 (EB-2) | $2,805 | 45 days |
| Form I-765 EAD | Category | Filing Fee | Response Time |
| (c)(3)(A) | F-1 student, pre-completion Optional Practical Training | $1,685 | 30 days |
| (c)(3)(B) | F-1 student, post-completion Optional Practical Training | $1,685 | 30 days |
| (c)(3)(C) | F-1 student, 24-month extension for STEM Optional Practical Training | $1,685 | 30 days |
| Form I-539 | Category | Filing Fee | Response Time |
| Academic Student or Dependent of F-1 | F-1, F-2 | $1,965 | 30 days |
| Vocational Student or Dependent of M-1 | M-1, M-2 | $1,965 | 30 days |
| Exchange Visitor or Dependent of J-1 | J-1, J-2 | $1,965 | 30 days |
H-4 (and Other) Dependent Applications Not Eligible for Premium Processing Independently — But Can Be Bundled with Premium Processing H-1B Petitions
Unfortunately, premium processing is not available for Form I-539 applications filed for dependents of a Form I-129 beneficiary classification – for example, H-4.
However, applications for change of status or extension of stay properly filed together with a Form I-539 for derivative H-4 or L-2 status will be adjudicated at the same time as the principal’s Form I-129. This is the recently-reinstated policy of concurrent approval of I-129 and I-539 applications, or “bundling.” This means that an officer will review the H-4 or L-2 derivative’s Form I-539 as soon as possible after reviewing the principal’s Form I-129 and will take appropriate adjudicative action (that is, issue an approval, denial, RFE, NOID or refer for an investigation) after that adjudicative review when the derivative’s Form I-539 is packaged together with and properly filed at the same time and in the same location as the principal’s Form I-129. As a result and as a practical matter, requesting premium process on the I-129 petition (H-1B or L-1) results in fast decision on the concurrent I-539 applications by dependents (assuming the I-539 applications do not have any issues or missing items).
Who Can Submit a Request – Can the Beneficiary of a Petition Request Premium Processing?
Only the applicant or the petition can request premium processing on a new or pending application or petition. For employment-based petitions (such as I-129 or I-140), only the petitioner can request the premium processing service.
Conclusion
Our office will continue to monitor and report developments on this and related topics. Please do not hesitate to contact us if we can help with a petition (with or without premium processing) or schedule a phone consultation. Also, please subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.
About the Author: Alexandra Michailov, Esq.
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The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration. Disclaimer: we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts. It is not to be construed as legal advice.