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Premium Processing
Practical Law Glossary Item 3-507-0675 (Approx. 3 pages)
Glossary
Premium Processing
A program of United States Citizenship and Immigration Services (USCIS) that provides expedited processing of certain employment-based immigration petitions in return for a fee. For requests postmarked on October 19, 2020, or later, the premium processing fee is either:
- $1,500 for I-129 petitions requesting H-2B or R-1 classification.
- $2,500 for all other eligible petition types.
The program guarantees a processing time of 15 calendar days, resulting in either:
- A final decision approving or denying the petition.
- A request that the petitioner submit additional supporting evidence.
- A notice of USCIS's intent to deny the petition, providing the petitioner with an opportunity to submit additional documentation.
Absent premium processing, petition processing may take several months. For USCIS processing time reports, see USCIS: Processing Time Information.
In most circumstances, USCIS must refund the premium processing fee if action is not taken within 15 days. If USCIS initiates an investigation for fraud or misrepresentation in the petition, it may retain the fee even if the petition is not processed within 15 days. (8 C.F.R. § 103.7(e).)
Premium processing requests are filed on USCIS Form I-907. For a listing of employment-based nonimmigrant and immigration petitions that may be premium processed, see Key Nonimmigrant Visa Classifications Chart and Key Immigrant Visa Classifications Chart. For more information on sponsoring foreign workers, see Practice Notes, Business Immigration Sponsorship: Overview and Hiring and Employing Foreign Nationals in the US: Overview.