How long does premium processing take?

USCIS guarantees processing within 15 calendar days from receipt of a properly filed premium processing request. If not processed within 15 days, USCIS refunds the premium processing fee.

Which forms are eligible for premium processing?

Eligible forms include I-129 (nonimmigrant worker petitions), I-140 (immigrant worker petitions), I-539 (change/extend status - limited categories), and I-765 (employment authorization - certain categories).

How much does premium processing cost?

The premium processing fee is $2,805 as of 2025, paid in addition to the base filing fee. This fee is subject to change and should be verified on the USCIS website.

What happens if USCIS issues an RFE under premium processing?

The 15-day clock stops when USCIS issues an RFE or NOID. Once you respond, USCIS has 15 days to make a decision on your case. Premium processing timeline resumes upon receipt of your response.

Premium Processing Service - Expedited USCIS Case Processing

Q: Can I add premium processing to a case already filed?

Yes, you can upgrade existing pending cases to premium processing by filing Form I-907 separately, provided the case is still pending and the form type is eligible for premium processing.

Premium Processing Overview

What is Premium Processing?

Premium Processing Service is USCIS's expedited processing option that guarantees adjudication of eligible petitions within 15 calendar days for an additional fee, providing faster case resolution for qualifying applications.

Service Guarantee

USCIS commits to processing premium cases within 15 calendar days or refunding the premium processing fee. This timeline applies from receipt of properly filed premium processing request, not the underlying petition.

Eligible Petition Types

Forms Eligible for Premium Processing

Form I-129 (Nonimmigrant Worker Petitions) - H-1B, H-1B1, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1, R-1
Form I-140 (Immigrant Worker Petitions) - EB-1, EB-2, EB-3 employment-based green card petitions
Form I-539 (Application to Change/Extend Status) - Limited categories and specific circumstances
Form I-765 (Employment Authorization Document) - Certain categories including H-4, L-2, O-3 dependents

Processing Timeline Commitment

15-Day Processing Guarantee

15 calendar days from receipt of properly filed premium processing request
Calendar day counting includes weekends and holidays
Timeline starts when USCIS receives complete premium processing request
If not processed within 15 days, USCIS refunds premium processing fee
Additional time may be required for RFE responses or other case developments

Application Process

Premium Processing Request Steps

Determine Eligibility

Verify that your petition type is eligible for premium processing and check current USCIS availability for your specific form and category.

Prepare Form I-907

Complete Form I-907 Request for Premium Processing Service with accurate case information and appropriate fee payment method.

Submit Request

File Form I-907 with premium processing fee either concurrently with underlying petition or as standalone upgrade for pending case.

Receive Receipt Notice

USCIS issues Form I-797C receipt notice acknowledging premium processing request and establishing 15-day timeline commitment.

Receive Decision

USCIS issues approval, denial, Notice of Intent to Deny (NOID), or Request for Evidence (RFE) within 15 calendar days of receipt.

Current Premium Processing Fees

Premium Processing Service Fees

Form I-129 (H-1B and other nonimmigrant petitions): $2,805
Form I-140 (Employment-based immigrant petitions): $2,805
Form I-539 (Change/Extension of Status): $2,805
Form I-765 (Employment Authorization): $1,500 (when available)

Service Limitations and Important Considerations

Key Limitations

Premium processing guarantees timeline, not approval of petition
USCIS may issue RFE requiring additional evidence and extending timeline
Not available for all petition types or during certain processing suspensions
Cannot expedite underlying processes like labor certification or consular processing
May be suspended temporarily due to high volume or operational needs

Strategic Decision Making

Factors to Consider

Cost-benefit analysis based on urgency of case and financial resources
Impact on business operations, employment, or personal circumstances
Likelihood of RFE based on case strength and documentation quality
Availability of premium processing for specific petition type and timing
Alternative strategies if premium processing unavailable or suspended

Request for Evidence (RFE) Under Premium Processing

RFE Timeline Management

RFE stops 15-day clock until proper response submitted
Premium processing timeline resumes upon USCIS receipt of RFE response
USCIS has 15 days to adjudicate after receiving complete RFE response
Poor RFE responses may result in denial rather than additional RFE
Consider attorney assistance for complex RFE responses

Fee Refund Scenarios

When USCIS Refunds Premium Processing Fees

USCIS fails to adjudicate within 15 calendar days without issuing RFE/NOID
Premium processing service suspended after request filed but before adjudication
USCIS error or system failure prevents timely processing
Petition withdrawn by petitioner before premium processing adjudication
Underlying petition found to be ineligible for premium processing after filing

Premium Processing by Petition Type

Form Type	Common Categories	Availability	Strategic Value
I-129 H-1B	New H-1B, Extensions, Amendments	Generally Available	High (employment critical)
I-129 L-1	Intracompany Transferees	Generally Available	High (business operations)
I-140	EB-1, EB-2, EB-3	Generally Available	Medium (long-term benefit)
I-539	Status Changes/Extensions	Limited Categories	Variable

Filing Methods and Requirements

Concurrent Filing

Premium processing can be requested when initially filing the underlying petition by including Form I-907 and additional fee with the complete petition package.

Upgrade Existing Cases

Previously filed petitions can be upgraded to premium processing by filing Form I-907 separately, provided the case is still pending and eligible for premium processing service.

Common Premium Processing Scenarios

H-1B Cap Season

Premium processing particularly valuable during H-1B cap filing season for faster lottery results and quicker processing of selected petitions, helping employers and employees plan more effectively.

L-1 Business Needs

Critical for intracompany transfers with urgent business requirements or when employees need quick visa stamping for international assignments or client projects.

I-140 Priority Date

Useful for EB-2/EB-3 cases where early priority date establishment is important for green card queue positioning, though doesn't expedite actual green card processing.

Suspension and Service Disruptions

Service Suspensions

USCIS may temporarily suspend premium processing for specific form types due to high volume
Suspensions are announced on USCIS website and typically affect new requests, not pending ones
Alternative planning necessary when premium processing unavailable
Check current USCIS service announcements before relying on premium processing availability

Best Practices and Tips

Before Filing

Ensure complete documentation to avoid RFEs
Verify current premium processing availability
Consider timing with business or personal needs
Budget for additional premium processing fees
Prepare backup plans if premium processing suspended

After Filing

Monitor case status through USCIS online system
Respond promptly to any RFEs or NOIDs received
Track 15-day timeline from receipt notice date
Contact USCIS if processing exceeds 15 days
Plan next steps based on approval or denial outcome

Additional Resources

USCIS Premium Processing Information

Official USCIS guidance on premium processing service and procedures

Visit USCIS

Premium Processing for Temporary Workers

Specific information about premium processing for nonimmigrant worker petitions

View Worker Info