Premium processing allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days.
The Department of Homeland Security (DHS) announced that it will increase premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers.
The new fees will take effect for filings postmarked on or after February 26.
Under a separate rule, starting April 1, premium processing adjudication timeframes will change from calendar days to business days, effectively increasing processing times by one week or more, depending on the case type.
Please see the chart below:
|
Case type |
Current Premium Processing Fee |
New Premium Processing Fee |
Increase |
|
Form I-140 |
$2500 |
$2805 |
$305 |
|
Form I-129 |
$2500 |
$2805 |
$305 |
|
Form I-539 |
$1750 |
$1965 |
$215 |
|
Form I-765 |
$1500 |
$1685 |
$185 |
On June 12, 2023, USCIS announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Online filing of Form I-907, Request for Premium Processing Service, will also be available for these applicants.
On March 6, 2023, USCIS announced Premium Processing and New Online-Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extensions.
On January 12, 2023, USCIS announced that beginning January 30, 2023, the agency will begin accepting premium processing requests for new and previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). In March, USCIS will expand premium processing to certain F-1 students seeking Optional Practical Training (OPT) and STEM OPT extensions who have a pending Form I-75. In April, USCIS will expand premium processing to F-1 students seeking OPT and STEM OPT extensions who are filing an initial Form I-765.
On September 15, 2022, USCIS expanded eligibility for premium processing upgrades of EB-1 multinational manager and EB-2 national interest waiver I-140 petitions.
Premium Processing (PP) Service provides faster processing for certain immigration employment-based petitions and applications. The USCIS promises 15 day processing to those petitioners or applicants who choose to use this service or they will refund the premium processing service fee. Even if the fee is refunded, the relating case will continue to receive expedited processing.
The 15 day period begins when Form I-907, Request for Premium Processing Service, is received by USCIS accompanied by a filing fee of $2,500. USCIS will issue and serve the petitioner or applicant with one of the following: 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 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 business day period will begin upon receipt by USCIS of a complete response to the request for evidence or the notice of intent to deny.
Premium Processing applies to various nonimmigrant petitions like H-1Bs and L-1s, and to certain I-140 immigrant petitions like I-140s listed on the chart below.
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Form I-129 Petitions Eligible for Premium Processing
| Designated Classification Within Form I-129 | Corresponding Nonimmigrant Classification |
Availability Date |
|---|---|---|
| Treaty Trader | E-1 | June 1, 2001 |
| Treaty Investor | E-2 | June 1, 2001 |
| Australian Professional | E-3 | February 24, 2021 |
| Alien in Specialty Occupation | H-1B | July 30, 2001 |
| Temporary Worker performing nonagricultural services | H-2B | June 1, 2001 |
| Trainee or Special Education Exchange Visitor | H-3 | June 1, 2001 |
| Intracompany Transferee, Executive or Manager Capacity | L-1A | June 1, 2001 |
| Intracompany Transferee, Specialized Knowledge Professional | L-1B | June 1, 2001 |
| A petitioner meeting certain requirements which seeks continuous approval of itself and some or all of its parents, branches, subsidiaries, and affiliates | LZ (Blanket L-1) | June 1, 2001 |
| Alien of extraordinary ability or achievements in the sciences, arts, education, business, or athletics | O-1 | June 1, 2001 |
| Alien providing essential support services for a principal O-1 alien | O-2 | June 1, 2001 |
| Internationally recognized athlete or member of an internationally recognized entertainment group | P-1 | June 1, 2001 |
| Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-1 alien | P-1S | June 1, 2001 |
| Artist or Entertainer under a Reciprocal Exchange Program | P-2 | June 1, 2001 |
| Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-2 alien | P-2S | June 1, 2001 |
| Artist or Entertainer in a Culturally Unique Program | P-3 | June 1, 2001 |
| Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-3 alien | P-3S | June 1, 2001 |
| International cultural exchange alien | Q-1 | June 1, 2001 |
| Alien in a Religious occupation | R-1 | July 30, 2001 and reinstated July 20, 2009 |
| NAFTA professional, Canada | TN-1 | July 30, 2001 |
| NAFTA professional, Mexico | TN-2 | July 30, 2001 |
Form I-140 Petitions Eligible for Premium Processing
| Designated Classification Within Form I-140 | Corresponding Employment-Based (EB) Immigrant Visa Classification | Availability Date |
|---|---|---|
| Aliens of extraordinary ability | EB-1 | Nov. 13, 2006 and reinstated June 29, 2009 |
| Outstanding professors and researchers | EB-1 | Sept. 25, 2006 and reinstated June 29, 2009 |
| Multinational executives and managers | EB-1 | Available on October 19, 2020 |
| Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver | EB-2 | Sept. 25, 2006 and reinstated June 29, 2009 |
| Skilled workers | EB-3 | Aug. 28, 2006 and reinstated June 29, 2009 |
| Professionals | EB-3 | Aug. 28, 2006 and reinstated June 29, 2009 |
| Workers other than skilled workers and professionals | EB-3 | Sept. 25, 2006 and reinstated June 29, 2009 |
Premium Processing News
- How Do I Request Premium Processing? (USCIS)
- USCIS Expands Premium Processing for Applicants Seeking to Change into F, M, or J Nonimmigrant Status (6-12-23)
- Premium Processing and New Online-Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extensions.
- USCIS Announces Final Phase of Premium Processing Expansion for EB-1 & EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT & Certain Student and Exchange Visitors (1-12-23)
- USCIS to Implement Next Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions (9-15-22)
- USCIS to Implement Second Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions (7-15-22)
- USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions (5-24-22)
- USCIS Issues Immigration Rule To Expand Premium Processing (3-30-22)
- USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders (3-29-22)
- USCIS to Raise PP Fee Effective December 2, 2019 (October 30, 2019)
- USCIS Resumes PP for Fiscal Year 2019 H-1B Cap Petitions (1-28-19)
- PP of I-140s – What It Means to You (6-23-09)
- PP Service Expanded for Certain Form I-140 Petitions (2-24-09)
- Fact Sheet: USCIS Offers PP Service for Certain Form I-140 Petitions Starting June 16, 2008
- USCIS to Offer PP for Certain Form I-140 Petitions (6-16-08)
- News Release: USCIS to Expand PP Service to Include EB-1 Petitions (11-08-06)
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Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.