Understanding When Premium Processing Is Worth It
Premium processing after receiving a Request for Evidence (RFE) is most beneficial when you need a fast decision or prefer a guaranteed, expedited timeline for your immigration petition. This service can be particularly valuable if your situation requires an urgent resolution, such as a job start date, status expiration, or time-sensitive relocation.
If U.S. Citizenship and Immigration Services (USCIS) does not act within the guaranteed timeframe, the premium processing fee will be refunded. The current cost for premium processing is $2,805 for Form I-129 and Form I-140.
Premium processing is a specialized USCIS service that allows employers or applicants to request faster adjudication of certain work-based immigration petitions. While most petitions may take several months, premium processing guarantees a decision within 15, 30, or 45 business days, depending on the visa category. It applies to various employment-based immigrant and nonimmigrant classifications.
At Green Card Link, its immigration attorneys can help you understand how premium processing works after an RFE, determine whether it’s the right option for your case, and ensure your petition is filed correctly to avoid unnecessary delays.
What Happens After an RFE Response?
A Request for Evidence (RFE) means that USCIS needs additional documentation to continue processing your petition. Every employment-based visa has specific eligibility requirements that both the employer and employee must meet. RFEs give you the opportunity to submit missing or clarifying evidence that supports your qualifications or your employer’s compliance with required conditions.
If you respond promptly and completely, USCIS will review your submission and make a final decision. Missing or incomplete responses could delay or even jeopardize your case.
USCIS Decision Timeline After an RFE
Without premium processing, USCIS typically takes up to 60 days after receiving your RFE response to issue a decision—although this can vary depending on the service center, visa type, and workload. For example, during the busy H-1B season, response times can be longer due to the large number of RFEs issued.
If you want to avoid long delays, premium processing is the most reliable way to speed up your case review.
Why Choose Premium Processing After an RFE?
Premium processing is highly beneficial when your case involves:
- A fixed job start date or a rapidly approaching employment deadline.
- An expiring visa or immigration status that could disrupt your stay in the U.S.
- An urgent business or travel requirement.
With premium processing, you are guaranteed a decision within 15, 30, or 45 business days (counted as business days, not calendar days). This can help prevent employment gaps, loss of job offers, or potential visa issues.
Current Fees:
- Form I-129 and Form I-140: $2,805
- H-2B or R-1 nonimmigrant petitions: $1,685
Step-by-Step: How Employment-Based Petitions Work
- Job Offer – You receive an offer from a qualified U.S. employer.
- Labor Certification (if applicable) – The employer submits a Labor Condition Application (LCA) or PERM application to the Department of Labor (DOL).
- Petition Filing – The employer files Form I-129 or I-140 with USCIS.
- Visa Issuance or Adjustment – Once approved, you either obtain your visa at a U.S. consulate abroad or adjust your status within the United States.
Premium processing can drastically shorten the waiting time during the USCIS petition review phase, though it is not available for every visa type. It applies only to petitions involving Forms I-129 and I-140.
Sample USCIS RFE Explanation
When you receive an RFE (for example, for Form I-485—Application to Register Permanent Residence or Adjust Status), it will clearly list two sections:
- What You Need to Do – Specific documents or clarifications required.
- When You Need to Do It – The submission deadline.
It is critical to respond to every requested item and submit all supporting evidence together before the deadline. USCIS will only consider information submitted by that date. Always include a copy of the RFE letter with your response for proper tracking.
How the Premium Processing Service Operates
Employers and applicants use premium processing to accelerate USCIS decision times. When USCIS requires more details, you will receive a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
If an RFE is issued during premium processing, the 15-, 30-, or 45-day clock pauses until USCIS receives your response. Once submitted, the clock resumes, ensuring you still receive a final decision within the guaranteed timeframe.
USCIS Premium Processing Timeframes
- 15 business days – Most Form I-129 and I-140 petitions
- 30 business days – Form I-765 (Employment Authorization) and some Form I-539 (Change/Extension of Status) applications
- 45 business days – Form I-140 for multinational executives/managers and national interest waiver (NIW) petitions
Important Considerations
- Premium processing does not increase approval chances—it only shortens the wait time.
- It can only be used for Form I-129 and I-140 petitions, not for LCA, PERM, adjustment of status (Form I-485), or consular processing stages.
- For H-1B cap-subject petitions, premium processing does not allow employment before October 1 of the approval year.
- For employment-based green cards, premium processing speeds up the petition review, but applicants must still wait until their priority date becomes current before proceeding with the next step.
Upgrading After Receiving an RFE
If your immigration petition was originally filed under regular processing and you later receive a Request for Evidence (RFE), you can still upgrade to Premium Processing. To do so, you must file Form I-907 (Request for Premium Processing Service) along with your RFE response, or anytime while the RFE response is under review.
Once U.S. Citizenship and Immigration Services (USCIS) receives both your Form I-907 and the RFE response, the premium processing clock begins. You may also verify whether your priority date is current by checking the latest Visa Bulletin.
Can I Receive an RFE While Using Premium Processing?
Yes. Even when using Premium Processing, every case must still comply with the Immigration and Nationality Act (INA). This means that if a USCIS officer determines that your documentation or evidence is insufficient, you may still receive an RFE (Request for Evidence) or a NOID (Notice of Intent to Deny).
When this happens, USCIS will notify the petitioner. If your case is under Premium Processing, a new 15-business-day review period will begin once USCIS receives your RFE response.
What Information Does an RFE Include?
An RFE provides detailed reasons why the evidence in your application is insufficient and specifies which documents must be provided. Typically, the notice includes the following sections:
1. Reference to the Immigration and Nationality Act (INA)
The notice will quote the relevant INA section outlining the eligibility criteria that your petition has not yet met. This legal citation guides the type of additional evidence USCIS requires.
2. Evidence You Already Submitted
The RFE lists all the supporting documents USCIS has received so far. Review this section carefully to ensure the agency has correctly recorded every document you submitted.
3. Missing or Insufficient Evidence
Here, USCIS details the evidence that is lacking or inadequate. It often includes examples of acceptable alternate documents that can fulfill the requirement.
4. Submission Deadline
USCIS specifies how much time you have to provide the requested materials. Missing the deadline could lead to a denial based solely on the evidence already on file.
Who Can Request Premium Processing?
In most cases, petitioners (employers) or their authorized representatives or attorneys are the ones eligible to file Form I-907 for Premium Processing. The only exception applies to visa categories that allow applicants to self-petition, such as certain employment-based immigrant categories.
How to File a Premium Processing Request
You may submit Form I-907 either concurrently with your main petition or separately after the initial filing.
- Form I-129 (Petition for a Nonimmigrant Worker) – used for temporary employment visas.
- Form I-140 (Immigrant Petition for Alien Worker) – used for employment-based immigrant visas, also known as green card categories.
How to Respond to an RFE Effectively
If you’ve received an RFE, you can respond under Premium Processing to expedite the review. Below are key tips from the immigration attorneys at Green Card Link for preparing a strong response:
Review the RFE Carefully
Read through every section to ensure full understanding of what USCIS is requesting. If any portion is unclear, consult an immigration attorney at Green Card Link or contact USCIS directly for clarification.
Provide All Evidence at Once
USCIS typically issues only one RFE per petition. Submit a comprehensive and organized response that addresses all issues raised. Do not assume that minor details will be overlooked.
Keep Your Response Organized
A clear and structured submission improves readability for USCIS officers. Follow these guidelines:
- Place the original RFE notice on top of your response packet.
- Include a cover letter listing all enclosed documents.
- Retain copies of everything you submit for your own records.
Submit Before the Deadline
Deadlines are strict—make sure your materials reach USCIS on or before the stated date. Always calculate from the issue date, not the date you received the notice.
Understand Your Response Options
If you cannot provide all requested documents, you may still send a partial response with whatever evidence is available. However, you should first consult an immigration attorney at Green Card Link to ensure your approach minimizes risk to your case.
Temporary Suspension of Premium Processing
While Premium Processing is highly beneficial, USCIS occasionally suspends it for certain employment-based categories to balance overall processing loads, particularly in high-demand visa classifications. Always verify that your visa category is eligible for Premium Processing and that the annual cap has not yet been reached before filing.
RFE vs. NOID — Understanding the Difference
An RFE (Request for Evidence) simply means USCIS needs more documentation before making a decision.
A NOID (Notice of Intent to Deny), however, indicates that USCIS has preliminarily determined your case does not meet eligibility requirements. While not an outright denial, a NOID requires immediate and compelling evidence to reverse that outcome.
If you receive a NOID, it’s critical to consult an immigration attorney at Green Card Link promptly to craft a strategic and timely response.
How to Avoid Receiving an RFE
Although an RFE provides a chance to fix issues, prevention is always better. The following best practices can reduce your chances of receiving one:
- File your petition carefully, ensuring every field and supporting section is completed accurately.
- Submit all necessary evidence, such as degrees, transcripts, employment letters, and certifications.
- Double-check for consistency across forms and documents.
- Work closely with experienced immigration attorneys at Green Card Link to ensure full compliance with USCIS requirements.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience assisting clients with Premium Processing petitions and RFE responses. They guide applicants through every step—from preparing strong initial filings to developing detailed, persuasive responses that minimize delays.
If you’ve received an RFE or want to upgrade your petition to Premium Processing, the immigration attorneys at Green Card Link can help you evaluate your case, organize documentation, and avoid common pitfalls that cause denials.