Premium Processing Service means that USCIS will issue a decision (approval, denial, Request for Evidence, or Notice of Intent to deny) within 15 calendar days. The 15 days clock begins when USCIS properly receives the relevant petition, along with I-907 Form (Request for Premium Processing Form).
In which cases can I file for Premium Processing?
You can file for premium processing if you are filing form I-129 for E-1 or E-2 Treaty investor, H-1B employee, L-1 intracompany transferee, O-1 individuals with extraordinary employees, visa, TN professional.
You can also file for Premium Processing in case you are filing Form i-140 (Immigrant Petition for Alien Workers). In such case, you can file for Premium Processing if you are filing for EB-1, EB-2 (not for NIW) or EB-3 employees.
What is the Premium Processing Fee?
The government fee for Premium Processing is $1,410.
Can the Beneficiary of the Petition (usually the employee) file the Premium Processing form? Can the H-1B employee pay the Premium Processing fee?
Only the Petitioner (the employer) can file Form I-907 (except cases where the petition can be filed as self-petition and in such cases the beneficiary is the petitioner). Anyone can pay for premium processing. That is, the employer or employee can pay.
What if USCIS issues a Request for Evidence (“RFE”)? How long after I submit the Response to the RFE will USCIS issue a final decision?
If Request for Evidence (“RFE”) was issued and you submitted a response to the RFE, a new 15 day calendar clock begins when USCIS receives your complete RFE response.
What are the benefits of the Premium Processing Service?
The biggest advantage is obviously that USCIS will issue a decision on your case within 15 calendar days (the processing times for I-129 and I-140 petitions are usually several weeks to several months). Another advantage of the Premium Processing Service is that you will be automatically notified on the email address you listed on the I-129 form when USCIS receives the case and issues a decision on the case. In addition, the Premium Processing Services have special phone numbers and have email address where you can contact USCIS about your case.
Do I have to file the Premium Processing Form with the original petition or can I file it later?
You can file the Request for Premium Processing with the original petition or you can always file it later if you then decide that you want to expedite the process. If you file Form I-907 later in the process, you should file it with the service center where the petition is currently pending and you should enclose Form I-797, Receipt Notice, and I-129 or I-140 form. In the case where USCIS transferred your petition to different service center, you should submit the Premium Processing form to the service center that is currently processing the petition.
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