What Is Premium Processing
Premium Processing is a USCIS service that guarantees a decision on your petition within 15 calendar days of receipt. You request it by filing Form I-907 alongside your initial petition and paying a $2,805 fee (as of 2024). The 15-day clock starts when USCIS receives your complete application, not when you mail it.
This service applies only to specific employment-based petitions, primarily H-1B, L-1, O-1, P-1, and EB-1C visa categories. It does not apply to family-based immigration, diversity visa lottery, refugee applications, or most green card adjustment of status cases filed concurrently with employment petitions. If USCIS cannot make a decision within 15 days, they refund your $2,805 fee and return your petition without a decision.
How It Works
- Timing: USCIS processes your petition separately from the standard queue once they receive both your petition and Form I-907 with the fee. The 15-day window is calendar days, not business days, so weekends and federal holidays count.
- Outcomes: USCIS will either approve, deny, or issue a Request for Evidence (RFE). An RFE counts as a decision and stops the clock, though you then have time to respond and request premium processing again on your supplement.
- Fee structure: The $2,805 is non-refundable except if USCIS fails to decide within 15 days or your petition is denied.
- Eligibility: Only petitions filed at specific USCIS service centers qualify. Check the USCIS website for current participating locations, as this changes periodically.
When Employers Use Premium Processing
Employers typically request premium processing for H-1B petitions to learn the outcome before the October 1st work start date. For L-1 intracompany transfer visas, companies use it to expedite executive or specialized knowledge worker assignments. In O-1 and P-1 cases, premium processing helps entertainers, athletes, and artists meet event deadlines or tour schedules.
Some employers bundle premium processing with consular processing for international workers. If your petition is approved, you then proceed to a US embassy or consulate abroad to complete visa processing, which typically takes 2 to 6 weeks depending on the country.
Premium Processing and Green Cards
If you are filing for an employment-based green card and your employer is sponsoring you with Form I-140, premium processing applies to the I-140 petition itself, not to the subsequent adjustment of status or consular processing steps. This means you get a quick decision on your permanent labor certification eligibility, but the actual green card application still follows standard timelines, which vary by visa bulletin priority dates and country of origin.
Common Questions
- What happens if USCIS misses the 15-day deadline? USCIS refunds your $2,805 fee and returns your petition without prejudice. You can resubmit it later with or without premium processing.
- Can I request premium processing if I already filed without it? No. You must include Form I-907 with your initial petition filing. You cannot upgrade an existing application to premium processing status.
- Does premium processing guarantee approval? No. It only guarantees a response within 15 days. USCIS can still deny your petition. Premium processing simply speeds up the decision process.