How Do I Use the Premium Processing Service?
What is it?
Premium Processing Service provides expedited processing for certain employment-based petitions and applications. Specifically, USCIS guarantees15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the relating case will continue to receive expedited processing.
The 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period. If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny.
Who is eligible?
The chart below lists the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.
Note: Premium Processing Service is currently suspended for all Form I-129 filings that request a change or an initial grant of status for beneficiaries within the Commonwealth of Northern Mariana Islands (CNMI).
Note: the H-1B, H-2B, and certain H-3 classifications may have annual numerical limit (“cap”) restrictions. It is recommended that petitioners verify whether a cap is applicable to their particular filing, and whether that cap has been met. Filing Form I-907 does not give special cap benefits to the petitioner. (See “How will USCIS manage those categories that have an annual limit in relation to this faster processing?” below.)
Can the beneficiary of a visa petition seek Premium Processing Service?
No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the petitioner, may request Premium Processing Service for a designated petition. The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907.
How do I file a request for Premium Processing Service?
As the petitioner or its attorney or representative, you must complete and sign Form I-907, Request for Premium Processing Service, in accordance with the instructions on the current version of the form. If you are filing Form I-907 concurrently with Form I-129 or Form I-140, you must file both forms at the Service Center designated as the appropriate filing location on the form instructions. If you have already filed Form I-129 or Form I-140 and you now wish to request Premium Processing Service, file Form I-907 with the Service Center where the Form I-129 or Form I-140 is currently pending. Submit a copy of the Form I-797, Receipt Notice, for your Form I-129 or Form I-140. If you received a transfer notice, it is very important that you include a copy of it and that you submit Form I-907 to the transfer location.
If a petitioner erroneously filed a standalone I-907 relating to a Form I-140 petition at the wrong service center, USCIS will not reject the filing, but instead will forward the filing to the correct service center having jurisdiction over the petition or application. For incorrectly filed Forms I-907, the 15 calendar day period will start on the date the file is received at the correct service center as indicated in the Form I-907 filing instructions.
USCIS will reject any Form I-907 premium processing service requests that are filed at an office without geographic jurisdiction over the underlying petition if the Form I-907 is filed:
concurrently with a Form I-140 petition;
concurrently with a Form I-129 petition; or
as a standalone relating to a Form I-129 petition.