Quick Facts
USCIS Premium Processing is an optional, expedited service that allows applicants to receive a decision on certain employment-based petitions and applications within 15, 30, or 45 calendar days—a dramatic reduction compared to standard timelines. This service applies to select immigration forms such as I-129, I-140, I-765, and I-539.
Premium Processing is available for specific visa types, including H-1B, L-1, O-1, and most EB-1, EB-2, and EB-3 categories. To use this service, applicants must pay an additional USCIS Premium Processing fee ranging between $1,685 and $2,805, separate from the main petition filing fee.
While it’s an excellent option for urgent cases, it’s not always necessary—particularly if your immigrant visa priority date is far from current. The process begins when applicants submit Form I-907 (Request for Premium Processing Service), and the guaranteed timeframe applies only if USCIS does not issue a Request for Evidence (RFE).
For time-sensitive employment or relocation needs, Premium Processing can help accelerate the process of bringing key employees to the U.S. efficiently.
What Is USCIS Premium Processing?
Premium Processing is a fast-track service offered by USCIS that allows certain employment-based petitions and applications to be processed more quickly—within 15, 30, or 45 days, depending on the visa category.
While the concept is straightforward, it’s important to understand the eligibility criteria and limitations before filing.
Which Visa Petitions Qualify for Premium Processing?
Most petitions filed using Form I-129 or Form I-140 are eligible for Premium Processing, though there are exceptions.
Processing Timeframes
- 15 Business Days for:
- Most Form I-129 petitions (e.g., H-1B, L-1, O, P)
- Most Form I-140 petitions (e.g., EB-1, EB-2, EB-3)
- 30 Business Days for:
- Form I-765 (Employment Authorization for F-1 students seeking OPT or STEM OPT extensions)
- Form I-539 (Applicants changing to F-1, F-2, M-1, M-2, J-1, or J-2 status)
- 45 Business Days for:
- Form I-140 in EB-1 Multinational Executive/Manager category
- Form I-140 in EB-2 National Interest Waiver (NIW) category
Visa and Green Card Categories Eligible for Premium Processing
Form I-129 (Nonimmigrant Worker Petitions)
Eligible classifications include:
E-1, E-2, E-3, H-1B, H-2B, H-3, L-1A, L-1B, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN-1, and TN-2.
Form I-140 (Immigrant Worker Petitions)
Covers:
EB-1 (Extraordinary Ability, Outstanding Professor/Researcher, Multinational Executive),
EB-2 (Advanced Degree/Exceptional Ability excluding NIW), and
EB-3 (Skilled Worker, Professional, or Other Worker).
Form I-765 (Employment Authorization)
Applies to certain F-1 students seeking OPT or STEM OPT extensions.
Form I-539 (Extension or Change of Status)
For those changing status to F-1/F-2, M-1/M-2, or J-1/J-2 categories.
Visas Not Eligible for Premium Processing
Certain visa and green card types are not eligible for Premium Processing, including:
- J-1 visas (initial applications handled through designated sponsors)
- Form I-130 (Family-based petitions)
- Form I-485 (Adjustment of Status applications)
- Form I-129F (K-1 Fiancé(e) petitions)
How to Apply for USCIS Premium Processing
Step 1: Complete Form I-907
Submit Form I-907, Request for Premium Processing Service, either concurrently with your main petition or afterward. The form can be filed online (if eligible) or by mail.
Ensure the form is sent to the correct USCIS service center listed on your Form I-797 Receipt Notice—for example, Texas, Nebraska, California, or Vermont.
The processing clock begins only when the correct service center receives your properly filed I-907.
Step 2: Submit the Premium Processing Fee
Premium Processing requires an additional payment, separate from your main petition filing fee.
You may pay via credit/debit card (for online filings), money order, cashier’s check, or personal check made payable to U.S. Department of Homeland Security.
If multiple forms are filed, ensure each fee is paid separately.
Step 3: Track Your Case
Once filed, you’ll receive a receipt notice (Form I-797C) for both your primary petition and Form I-907.
You can track your case using the USCIS online portal with your receipt number.
If USCIS issues a Request for Evidence (RFE), the Premium Processing clock pauses and resumes only when your response is received.
Upon adjudication, you’ll receive an Approval Notice (Form I-797)—review all details carefully.
USCIS Premium Processing Fees (Form I-907)
- $2,805 – For Form I-129 (H-1B, E, L, O, P, Q, TN) and Form I-140 (EB-1, EB-2, EB-3)
- $1,965 – For Form I-539 (F-1, F-2, J-1, J-2, M-1, M-2)
- $1,685 – For Form I-129 (H-2B, R) and Form I-765 (OPT/STEM OPT students)
These fees are subject to change, so always verify the latest USCIS fee schedule before submitting.
Who Can Pay the Premium Processing Fee?
Either the petitioner (employer) or beneficiary (employee/applicant) may pay the Premium Processing fee.
However, if the employee pays, the payment must be for personal benefit—not the employer’s convenience.
For instance, if an employee needs quick approval for travel or other personal reasons, they may pay the fee. This rule ensures employers cannot require employees to cover costs that primarily serve company interests.
Premium Processing Refund Policy
The Premium Processing fee is refundable only if USCIS fails to complete processing within the promised timeframe after receiving Form I-907. In that case, USCIS refunds the fee and continues adjudication under normal processing standards.
If this situation arises, consult with an immigration attorney at Green Card Link for advice on next steps and potential alternative options.
Should You Choose Premium Processing for Your Immigration Petition?
Premium Processing is not always necessary or beneficial in every immigration case. For applicants whose priority date is several years away from the final action dates listed in the U.S. Department of State Visa Bulletin, paying extra for faster I-140 adjudication may not make a real difference. For instance, if you still have a five-year wait before a green card becomes available, having your I-140 approved in 15 days instead of eight months does not shorten that overall waiting time.
However, in certain employment-based visa cases — such as the H-1B visa — employers often prefer premium processing to minimize uncertainty. This service provides a guaranteed response (approval, denial, or Request for Evidence) within 15 calendar days, helping both the company and the employee plan ahead confidently and address potential issues long before critical deadlines like October 1st.
USCIS Premium Processing Suspensions
While premium processing is a valuable option for many petitioners, it is not always guaranteed. The U.S. Citizenship and Immigration Services (USCIS) retains full discretion to suspend or deny this service whenever necessary.
For example, on March 3, 2017, USCIS temporarily suspended premium processing for all H-1B petitions filed on or after April 3, 2017, affecting filings for the 2018 fiscal year. This decision came after a surge in premium processing requests caused significant delays for regular petitions. The suspension allowed USCIS to balance workloads and ensure fair processing times across all cases.
Frequently Asked Questions About Premium Processing
What is USCIS Premium Processing?
Premium Processing is an optional USCIS service that guarantees expedited action on certain employment-based petitions. By paying an additional fee, applicants receive a decision — approval, denial, or Request for Evidence (RFE) — within a specific timeframe, depending on the petition type.
How long does premium processing take?
The processing period varies:
- 45 business days for EB-1 Multinational Manager and EB-2 National Interest Waiver (NIW) petitions
- 30 business days for certain student-related applications (Forms I-539 or I-765)
- 15 calendar days for most other petitions, including H-1B, L-1, and O-1 categories
Can I upgrade to premium processing after filing?
Yes. If you have already filed a qualifying petition and it remains pending, you can upgrade to premium processing anytime by submitting Form I-907 to the appropriate USCIS service center handling your case.
Who can pay the premium processing fee?
Either the employer (petitioner) or the employee (beneficiary) may pay the premium processing fee. However, if the employee pays, it must be for a personal reason — such as urgent travel — and not simply to meet an employer’s business deadline.
How much does premium processing cost?
The fee ranges from $1,685 to $2,805, depending on the visa category. This payment is in addition to the standard filing fee for the main petition.
Is the premium processing fee refundable?
The premium processing fee is refundable only if USCIS fails to take action within the promised timeframe. In such cases, USCIS refunds the fee but continues to process the case on an expedited basis.
What is the H-1B premium processing fee?
As of 2025, the filing fee for Form I-907 to request premium processing for an H-1B petition is $2,805. This optional payment is made in addition to the standard Form I-129 base filing fees and is typically paid by the sponsoring employer.
How the Immigration Attorneys at Green Card Link Can Help
If you are preparing to file an I-129 or I-140 petition — whether for an employment-based immigrant visa or a nonimmigrant classification — the immigration attorneys at Green Card Link can help you determine whether premium processing is the right option for your specific situation.
While it can speed up decision times, premium processing does not always provide a meaningful advantage. Choosing the right strategy requires evaluating your case type, priority date, and overall immigration goals.
At Green Card Link, its experienced immigration attorneys guide clients through every stage of the filing process. They ensure that each petition is filed accurately, efficiently, and in alignment with the most current USCIS regulations — maximizing your chances of success and avoiding unnecessary costs or delays.
To speak with an immigration attorney at Green Card Link, simply fill out the online consultation form today and take the next step toward achieving your U.S. immigration goals with confidence.