How Do I Request Premium Processing?
What is it?
Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. Specifically, we guarantee processing within 15 calendar days to those who choose to use this service, or we will refund the premium processing service fee and will continue with expedited processing.
The 15 calendar day period will begin when we properly receive the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form. We will either issue an approval notice, denial notice, notice of intent to deny, request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period. If the petition requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin when we receive a complete response to the request for evidence or notice of intent to deny.
Who is eligible?
The chart below lists the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.
Premium processing is currently suspended for all Form I-129 filings that request a change or an initial grant of status for beneficiaries within the Commonwealth of Northern Mariana Islands (CNMI).
H-1B, H-2B, and certain H-3 classifications may have annual numerical limit (“cap”) restrictions. We recommend you verify whether a cap is applicable to your filing, and whether that cap has been met. Filing Form I-907 does not give special cap benefits to you. (See “How will USCIS manage those categories that have an annual limit in relation to this faster processing?” below.)
| Designated Classification Within Form I-129 | Corresponding Nonimmigrant Classification | Availability Date1 | Termination Date2 |
|---|---|---|---|
| Treaty trader | E-1 | June 1, 2001 | |
| Treaty investor | E-2 | June 1, 2001 | |
| 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, 20093 | |
| NAFTA professional, Canada | TN-1 | July 30, 2001 | |
| NAFTA professional, Mexico | TN-2 | July 30, 2001 |
[1] The availability date is the date that the classification was initially deemed eligible for premium processing.
[2] The termination date reflects the last day that we accepted filings requesting that specific classification. If a date is entered in this column, that classification is currently ineligible for filing.
[3] We initially suspended premium processing for nonimmigrant religious worker visa petitions on Nov. 28, 2006. On July 20, 2009, we started accepting Form I-907 for I-129 petitions seeking R-1 classification, but only from those petitioners who have previously completed a successful on-site inspection.
| Designated Classification Within Form I-140 | Corresponding Employment-Based (EB) Immigrant Visa Classification | Availability Date1 | Termination Date2 |
|---|---|---|---|
| Aliens of extraordinary ability | EB-1 | Nov. 13, 2006, and reinstated June 29, 20093 | |
| Outstanding professors and researchers | EB-1 | Sept. 25, 2006, and reinstated June 29, 20093 | |
| Multinational executives and managers | EB-1 | Not yet available | |
| Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver | EB-2 | Sept. 25, 2006, and reinstated June 29, 20093 | |
| Members of professions with advanced degrees or exceptional ability seeking a National Interest Waiver | EB-2 | Not yet available | |
| Skilled workers4 | EB-3 | Aug. 28, 2006, and reinstated June 29, 20093 | |
| Professionals4 | EB-3 | Aug. 28, 2006, and reinstated June 29, 20093 | |
| Workers other than skilled workers and professionals | EB-3 | Sept. 25, 2006, and reinstated June 29, 20093 |
[1] The availability date is the date that the classification was initially deemed eligible for premium processing.
[2] The termination date reflects the last day that we accepted filings requesting that specific classification. If a date is entered in this column, that classification is currently ineligible for premium processing.
[3] On July 2, 2007, we temporarily suspended premium processing for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2). However, after an evaluation of our Form I-140 backlog reduction efforts and increased Form I-140 adjudicative efficiencies, we concluded that as of June 29, 2009, we would reinstate premium processing for this benefit.
[4] If designated as available. Please see the section on additional conditions placed on premium processing availability.
Can the beneficiary of a visa petition seek premium processing?
No, except in cases where the petitioner is eligible to be file a self-petition (that is, the petitioner and the beneficiary are the same). Otherwise, only the petitioner (or the attorney or representative who has filed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, on behalf of the petitioner) may request premium processing for a designated petition. The petitioner, beneficiary, attorney, or representative may pay the premium processing service fee, but the beneficiary cannot sign or file Form I-907.
How do I verify that I am using the current version of the form?
Check the Edition Date section of our Form I-907 webpage for information on the current edition date.
How do I file a request for premium processing?
As the petitioner (or their attorney or representative), you must complete and sign Form I-907, Request for Premium Processing Service, according to the instructions on the current version of the form. If you are filing Form I-907 together with Form I-129 or Form I-140, you must file both forms according to the Form I-129 or I-140 instructions. If you have already filed Form I-129 or Form I-140 and you now wish to request premium processing, file Form I-907 with the service center where your Form I-129 or Form I-140 is currently pending, along with a copy of the Form I-797, Receipt Notice, for your Form I-129 or Form I-140. If we transferred your petition to another service center and you received a transfer notice, we strongly recommend that you submit your Form I-907 to the service center that is now handling your petition. You should also include a copy of the transfer notice with your premium processing request to avoid delays.
We will reject any Form I-907 that is filed at an office without geographic jurisdiction over the underlying petition if the Form I-907 is filed:
- Together with a Form I-140 petition;
- Together with a Form I-129 petition; or
- As a standalone request relating to a Form I-129 petition that was not transferred to a different service center.
We will not reject any Form I-907 that is filed at an office without geographic jurisdiction over the underlying petition if the Form I-907 is mistakenly filed at the wrong service center:
- As a standalone request relating to a Form I-140 petition; or
- As a standalone request relating to a Form I-129 petition that we transferred to a different service center.
In these cases, we will forward the Form I-907 to the service center having jurisdiction over the underlying petition. For incorrectly filed Forms I-907, the 15 calendar day period begins on the date the correct service center receives the file, as indicated in the Form I-907 filing instructions.
Is USCIS placing any additional conditions of availability on premium processing for Form I-140 petitions?
Yes. Premium processing is available for the Form I-140 classifications indicated on the chart above as long as the case does not involve:
- Another Form I-140 petition while an initial Form I-140 remains pending;
- Labor certification substitution requests;
- Duplicate labor certification requests (that is, cases filed without an original labor certification from the Department of Labor), and;
- A pending Form I-140 petition.
We have placed these additional conditions of availability on premium processing for Form I-140 because of their special processing requirements (including locating and transferring other files or documents internally, and requesting initial evidence from an outside agency) that make it difficult for us to guarantee that we can process the case within 15 calendar days.
What is the fee for this service?
Check the Filing Fee section of our Form I-907 webpage for information on the current filing fee.
Will USCIS also expedite my Form I-539 if I submit it with my Form I-129 or I-140?
Premium processing is not available for Form I-539 applications. As a courtesy, we strive to quickly process Forms I-539 that are filed together with a Form I-129 or I-140. However, we cannot process a Form I-539 at the same time because that form requires biometrics collection in order to complete the adjudication process.
Does this program have any effect on USCIS’ previous expedite practices?
Yes. In general, discretionary expedite requests will no longer be available for classifications designated as eligible for premium processing. However, petitioners designated as not-for-profit entities by the Internal Revenue Service have the choice to request discretionary expedited service as they have in the past, or they may choose to pay the premium processing service fee and use that service. If the not-for-profit entity doesn’t meet the criteria for a discretionary expedite, the petitioner still has the option of requesting premium processing by filing Form I-907 and paying the fee.
How will USCIS manage those categories that have an annual limit in relation to this faster processing?
Individuals who pay for premium processing on petitions filed for nonimmigrant classifications that are subject to annual numerical (“cap”) limits will not have an unfair access to these limited immigration programs.
If necessary, we will apply a random selection process to all petitions received on the final receipt date for cap-subject H-1B, H-2B and H-3 petitions, regardless of whether premium processing is requested. We will adjudicate these randomly-selected cases and will reject and return the fees for any unselected cases, as well as cases that were filed after the final receipt date.
Can I contact a USCIS service center if I have not filed a request for premium processing but have questions about the program?
No. You cannot contact the service centers directly unless you have already filed Form I-907 for your underlying Form I-129 or Form I-140. The toll-free phone number and e-mail addresses listed on Form I-907 are dedicated only to users who have already submitted a request for premium processing. If you have not requested premium processing Service, you can call 800-375-5283 for general information about the program.
How do I contact the service center concerning a Premium Processing Service request that I filed?
The unique mailing address for each of the service centers is listed on the Form I-907 Instructions. We will provide additional contact information for each service center on your receipt notice. If you have already filed Form I-907 and you need to contact the service center, call 866-315-5718. Be sure to have your receipt number ready.
How can I get the results of the adjudication faster?
You may include a postage paid and self-addressed courier delivery slip when filing Form I-907 and we will use it to return the results of the adjudication.