For certain employment-based petitions, it’s sometimes necessary to speed up processing to get a foreign employee to the United States faster. Whether for business or personal reasons, USCIS offers Premium Processing to do just that, significantly reducing the timeline.
What is Premium Processing?
Premium processing is an optional service offered by USCIS that allows applicants to shorten the processing time of certain visas and green cards to either 15, 30, or 45 business days. It seems relatively straightforward, but there are some caveats to the process that should be taken into consideration before applying.
First things first, which visas and green cards can you use with premium processing?
The short answer is – most visas that make use of the I-129 and I-140 can be used with premium processing. However, not all are eligible.
How Long Does Premium Processing Take?
- 15 Business Days for:
- Most Form I-129 petitions (H-1B, L-1, O, P, etc.).
- Most Form I-140 petitions (EB-1 Alien of Extraordinary Ability, EB-2, and EB-3).
- 30 Business Days for:
- Form I-765 for F-1 students seeking OPT or STEM OPT extensions.
- Form I-539 for applicants requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2.
- 45 Business Days for:
- Form I-140 in the EB-1 Multinational Executive or Manager classification.
- Form I-140 in the EB-2 National Interest Waiver (NIW) classification.
Visas and Green Cards Eligible for Premium Processing
Here is a quick list of the compatible programs.
Form I-129, Petition for a Nonimmigrant Worker
- E-1: Treaty Trader
- E-2: Treaty Investor
- E-3: Certain Specialty Occupation Professionals from Australia
- H-1B: Specialty Occupation Worker
- H-2B: Temporary Non-Agricultural Worker
- H-3: Nonimmigrant Trainee or Special Education Exchange Visitor
- L-1A: Intracompany Transferee Executive or Manager
- L-1B: Intracompany Transferee Specialized Knowledge Professional
- L-1 Blanket Petition
- O-1: Individuals with Extraordinary Ability or Achievement
- O-2: Personnel for a Principal O-1 Nonimmigrant
- P-1: Internationally Recognized Athlete or Member of an Internationally Recognized Entertainment Group
- P-1S: Essential Support Personnel for P-1
- P-2: Artist or Entertainer Under a Reciprocal Exchange Program
- P-2S: Essential Support Personnel for P-2
- P-3: Artist or Entertainer in a Culturally Unique Program
- P-3S: Essential Support Personnel for P-3
- Q-1: International Cultural Exchange Alien
- R-1: Nonimmigrant Religious Worker
- TN-1: NAFTA Professional (Canada)
- TN-2: NAFTA Professional (Mexico)
Form I-140, Immigrant Petition for Alien Worker
- EB-1: Alien of Extraordinary Ability, Outstanding Professor or Researcher, or Multinational Executive or Manager
- EB-2: Member of Professions Holding an Advanced Degree or Alien of Exceptional Ability (excluding National Interest Waiver)
- EB-3: Skilled Worker, Professional, or Other Worker
Form I-765, Application for Employment Authorization
- Certain F-1 students seeking Optional Practical Training (OPT) or a STEM OPT extension.
Form I-539, Application to Extend/Change Nonimmigrant Status
- Those seeking to change their status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.
Notable Exclusions
These visas are not available for premium processing:
- J-1 Visa. While you can use premium processing with Form I-539 to change to a J-1 status, the visa program itself isn’t petitioned through USCIS in a way that would allow for premium processing on the initial application.
- Form I-130, Petition for Alien Relative (family-based green cards)
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-129F, Petition for Alien Fiancé(e) (K-1 visa)
How to Apply for Premium Processing
Step One: Fill out Form I-907
The form I-907 Request for Premium Processing Service is used to request expedited processing. This form must be completed by the petitioner or legal representative who is filing the petition.
- The I-907 can be filed concurrently (at the same time) as the main petition or can be submitted after.
- The I-907 petition can be submitted online or in the mail. Online filing for Form I-907 is only available for petitions that are eligible for online filing themselves. For many classifications, you must still file by mail.
- If you have already filed an I-129 or I-140 with a USCIS service center, ensure you send the I-907 request to the service center where your case is currently being processed. Check your I-797 Receipt Notice for the specific service center (e.g., Texas, Nebraska, California, Vermont) and use the correct mailing address listed on the USCIS website for Form I-907.
Keep in mind that the USCIS premium processing “countdown” starts the day the correct service center receives the I-907 application. This means that if you file it with the wrong service center, that center will forward it to the correct location, and your time will begin when it reaches the second service center.
Step Two: Submit Payment
The I-907 premium processing fee is paid in addition to the base filing fee for the main petition (e.g., Form I-129 or I-140). You must submit two separate payments.
The cost for premium processing varies depending on the visa you are applying for. See the visa fees below.
If you file online, you can pay with a credit or debit card. If you pay by mail, you can pay the fee with a money order, personal check, cashier’s check, or pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
If you are submitting multiple forms, pay each filing fee separately
Step Three: Monitoring
It’s important to stay informed after you file. You should receive a receipt notice (Form I-797C) for both the main petition and the Form I-907.
The premium processing timeframe (15, 30, or 45 days) begins the day USCIS receives your petition at the correct location. You can track your case status online using the receipt number.
If USCIS issues an RFE, the processing clock stops and will not restart until they receive your response.
Once USCIS completes its review, you will receive a final decision notice (e.g., Form I-797, Approval Notice). Review it carefully to ensure all information is correct.
What is the Fee for Form I-907 Premium Processing?
- $2,805 for:
- Form I-129: For H-1B, E, L (including Blanket L-1), O, P, Q, or TN nonimmigrant classifications.
- Form I-140: For EB-1, EB-2, and EB-3 immigrant classifications.
- $1,965 for:
- Form I-539: For F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant classifications.
- $1,685 for:
- Form I-129: For H-2B or R nonimmigrant classifications.
- Form I-765: For certain F-1 students including Post-completion OPT &
STEM OPT Extension)
Note that this fee is subject to change, so it is the responsibility of the petitioner to stay apprised of any changes made to the premium processing fee schedule.
Who Pays the Premium Processing Fee?
Both the petitioner (typically the employer) and the beneficiary (the employee or applicant) can pay the premium processing fee.
However, if the employee pays, the request must be for their own personal benefit, not for the employer’s convenience. For example, an employee might pay if they need an approval notice quickly for urgent personal travel. This rule exists to prevent employers from forcing employees to pay for a faster process that primarily serves the company’s business needs.
Premium Processing Refunds
The USCIS is typically nonrefundable. However, if USCIS is unable to adjudicate a petition within the stated timeframe after the I-907 request has been received, then a refund of the premium processing fee will be given, and the application will be processed normally. If this presents a problem, then speak with your immigration attorney to learn about your options.
Should You Consider Premium Processing?
Premium processing isn’t necessary in every case. This is particularly so in cases where your priority date is several years away from reaching the final action dates listed in the Visa Bulletin. For example, if the line is five years long before you can get a green card, having the I-140 approved in 15 days instead of 8 months doesn’t shorten the five-year wait.
In many employment cases, such as the H-1B, employers prefer to use premium processing to eliminate uncertainty. It provides a quick decision (approval, denial, or RFE) within 15 days, allowing the company and employee to plan with confidence and resolve any issues long before the October 1st deadline.
USCIS Premium Processing Suspensions
While this feature is a boon to many petitioners and beneficiaries alike, it is not a given. The USCIS reserves the right to suspend or deny premium processing under whatever reasonable circumstances it deems necessary.
A prime example of this was on March 3, 2017, when USCIS temporarily suspended the service for all H-1B petitions filed after April 3, 2017. This effectively eliminated the feature for all petitions filed for the 2018 fiscal year. One of the reasons for this was that the influx of premium processing requests caused petitions without the service to experience a long delay as the USCIS gave preference to those with premium processing.
Frequently Asked Questions
What is USCIS Premium Processing?
Premium Processing is an optional service offered by U.S. Citizenship and Immigration Services (USCIS) that guarantees an expedited decision on certain eligible petitions. For a fee, USCIS ensures it will take action (such as an approval, denial, or Request for Evidence) on a case within a specific timeframe.
How long does premium processing take?
The timeframe depends on the type of petition. It is 45 business days for EB-1 Multinational Manager and EB-2 NIW petitions, 30 business days for certain student applications (Form I-539/I-765), and 15 business days for most other common petitions like the H-1B, L-1, and O-1.
Can I upgrade to premium processing after filing my case?
Yes. If you have already filed an eligible petition and it is still pending, you can upgrade to premium processing by filing Form I-907 with the USCIS service center where your case is located.
Who is allowed to pay the premium processing fee?
Either the employer (the petitioner) or the employee (the beneficiary) can pay the fee. However, if the employee pays, the reason for expediting must be for their personal benefit (e.g., urgent personal travel) and not to simply meet the employer’s business timeline.
How much does premium processing cost?
The fee ranges from $1,685 to $2,805, depending on the visa category. This fee is separate from and paid in addition to the standard filing fee for the main petition.
Is the premium processing fee refundable?
The fee is only refunded if USCIS fails to take action on your case within the guaranteed processing window. If they miss the deadline, the fee will be returned, but your case will continue to receive expedited processing.
What is the H-1B premium processing fee?
As of 2025, the filing fee for Form I-907 to request premium processing for an H-1B petition is $2,805. This optional fee is paid in addition to the standard base filing fees for the Form I-129 petition and is typically covered by the sponsoring employer.
How VisaNation Law Group Immigration Attorneys Can Help
If you are in the process of filing an I-129 or I-140 petition in any of the above-listed immigrant or nonimmigrant categories, premium processing may be a helpful option for you, especially if your situation is time-sensitive. However, there are some cases in which premium processing would not help your case and may result in a waste of both time and money.
The best way to ensure that your resources are well spent is to retain the services of an experienced immigration attorney. VisaNation Law Group lawyers will work alongside you throughout the filing process and make sure that you are taking the optimal route toward your green card or work visa.
To get in touch with a VisaNation Law Group attorney, fill out this contact form and schedule your consultation with our office today.