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Premium Processing - Frequently Asked Questions


What is Premium Processing?

Premium Processing Service provides American businesses with the opportunity to obtain faster processing of a petition to meet their needs for a foreign worker. Specifically, the USCIS provides 15-calendar day processing to those who choose to use this service or the USCIS refunds the Premium Processing fee and the relating case continues to receive expeditious service.

The processing period that is used to determine whether or not the USCIS meets the 15-day period begins when the Form I-907 is delivered to the USCIS (at the appropriate address), and ends upon the USCIS mailing of a notice. The notice may be a notice of approval, request for evidence, intent to deny or notice of investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to an intent to deny, a new 15-day period will begin upon the delivery to the USCIS of a complete response to the request for evidence or notice of intent to deny.


Who is eligible for Premium Processing?

Since the implementation of the program on June 1, 2001, those employers who file a Form I-129 to classify a beneficiary under one of the following nonimmigrant categories may request Premium Processing Service: E-1, E-2, H-2B, H-3M, L-1, O-1, O-2, P-1, P-2, P-3 and Q-1.

Since July 30th, 2001 the USCIS has made this service available to employers who wish to file a Form I-129 to classify a beneficiary as an H-1B, TN or R nonimmigrant.

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Will the USCIS expand who is eligible to request Premium Processing Service further?

The USCIS will review the program and evaluate the ability to incorporate additional forms into the program on a regular basis. No specific forms or dates for incorporating new forms have been identified at this time. It is noted, however, that statutory authority limits the USCIS to expanding only to other employment-based forms.

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