How Do I Use the Premium Processing
Service?
What is it?
Premium Processing Service
provides faster processing of certain employment-based petitions and
applications. Specifically, USCIS provides 15 calendar day
processing to those who choose to use this service or USCIS will refund the
Premium Processing fee and the relating case will continue to receive faster
processing.
The processing period that is used to determine whether or not USCIS meets the
15 calendar day period will begin when the current version of Form I-907, Request for Premium
Processing Service, is received by USCIS at the correct filing address noted on
the form. Within the 15 day calendar period USCIS will issue an approval
notice, or where appropriate, a notice of intent to deny, a request for
evidence or open an investigation for fraud or misrepresentation. If the notice
requires the submission of additional evidence or of a response to intent to
deny, a new 15 calendar day period will begin upon the delivery to USCIS of a
complete response to the request for evidence or notice of intent to deny.
Who is eligible?
The chart below sets forth
the forms, designated classifications within each form type, and current availability
and termination dates for premium processing service.
Form
I-129, Petition for Nonimmigrant Worker
|
Designated
Classification Within Form I-129
|
Corresponding
Nonimmigrant Visa Classification
|
*
Availability Date
|
**
Termination Date
|
Treaty
Trader
|
E-1
|
June
1, 2001
|
|
Treaty
Investor
|
E-2
|
June
1, 2001
|
|
Alien
in Specialty Occupation
|
H-1B
CAP
|
July
30, 2001
|
May
26, 2006 (FY 07)
August
10, 2005 (FY 06)
|
Alien
in Specialty Occupation, Advanced Degree Exception (Masters or Higher)
|
H-1B
CAP
|
July
30, 2001
|
July
26, 2006 (FY 07)
January
17, 2006 (FY 06)
|
Alien
in Specialty Occupation
|
H-1B
NON-CAP
|
July
30, 2001
|
|
Temporary
Worker performing nonagricultural services
|
H-2B
CAP
|
June
1, 2001
|
November
28, 2006 (1st half, FY 07)
|
Temporary
Worker performing nonagricultural services
|
H-2B
NON CAP
|
June
1, 2001
|
|
Trainee
|
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
|
|
Petitioners that meet requirements
may file a blanket petition seeking continuing approval of itself and some or
all of its parent, branches, subsidiaries, and affiliates as qualifying
organizations
|
L-BLANKET
|
June 1, 2001
|
|
Aliens of extraordinary ability or
achievements in the sciences, arts, education, business, or athletics
|
O-1
|
June 1, 2001
|
|
Aliens 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, that performs support services which are 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, that performs support services which are 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, that performs support services which are essential to the successful
performance of the principal P-3 alien
|
P-3S
|
June 1, 2001
|
|
International cultural exchange
aliens
|
Q-1
|
June 1, 2001
|
|
Alien in a Religious occupation
|
R-1
|
July 30, 2001
|
*** November
28, 2006 - December 18, 2007
|
NAFTA professional, Canada
|
TN1-CANADA
|
July 30, 2001
|
|
NAFTA professional, Mexico
|
TN2-MEXICO
|
July 30, 2001
|
|
* The
availability date is the date that the classification was initially deemed
eligible for Premium Processing Service.
** The termination date
reflects the last day that USCIS accepted filings requesting that specific
classification. If a date is entered in this column, that classification is
currently ineligible for filing because of cap restrictions or other processing
restrictions.
*** In August 2005,
USCIS' Office of Fraud Detection and National Security completed a Benefit
Fraud Assessment (BFA) for Religious Worker Petitions. (See "Related
Links" on this page for a link to a summary of this
Assessment.) The BFA revealed a 33 percent fraud rate. Because
of these results, and to ensure the integrity of the religious worker program,
USCIS now conducts additional system checks and in most instances also a site
visit of the petitioning organization, prior to adjudication. Given these
additional processes, USCIS has determined that it cannot guarantee the
issuance of either an approval notice, or where appropriate, a notice of intent
to deny, a request for evidence or open an investigation for fraud or
misrepresentation, within 15 calendar days of receipt of a petition for
nonimmigrant religious worker.
On November 28, 2006,
USCIS temporarily suspended Premium Processing
Service for Aliens in a Religious Occupation which is filed
on Form I-129, along with the Q-1 and R-1 Classifications
Supplement. USCIS is extending the suspension for
another six months, with an expiration date of December 18,
2007. This is being done because USCIS's
first and foremost mission is to ensure integrity in the adjudications
process. In the future, if USCIS is able to
properly process these cases within fifteen calendar days of
receipt, the Form I-129 requesting R-1 nonimmigrant visa classification
will once again will be available for Premium Processing
Service. USCIS may prescribe additional conditions of availability
on Premium Processing Service for religious worker petitions.
Alternatively, USCIS may publish a Federal Register Notice permanently
removing the R-1 nonimmigrant visa classification from eligibility for Premium
Processing Service.
For additional information
relating to the Current Cap Count for Non-Immigrant Worker Visas, use the
link on this page.
Form
I-140, Immigrant Petition for Alien Worker
|
Designated
Classification Within Form I-140
|
Corresponding
Employment-Based (EB) Immigrant Visa Classification
|
Availability
Date
|
Termination
Date
|
Aliens
of extraordinary ability
|
EB-1
|
November
13, 2006
|
*** Until
Further Notice
|
Outstanding
professors and researchers
|
EB-1
|
September
25, 2006
|
*** Until
Further Notice
|
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
|
September
25, 2006
|
*** Until
Further Notice
|
Skilled
workers***
|
EB-3
|
August
28, 2006
|
*** Until
Further Notice
|
Professionals***
|
EB-3
|
August
28, 2006
|
*** Until
Further Notice
|
Workers
other than skilled workers and professionals
|
EB-3
|
September
25, 2006
|
*** Until
Further Notice
|
*** (if designated as
available, please also see section on additional conditions placed on Premium
Processing Availability)
|
May the beneficiary of
a visa petition seek Premium Processing Service?
No, except in cases where the
petition is eligible to be filed as a self-petition (i.e., the petitioner and
the beneficiary are the same). Otherwise, only the visa petitioner, or the
attorney or representative who has filed a notice of appearance (Form
G-28) on behalf of the visa petitioner, may request Premium
Processing Service for designated visa petition adjudications. The petitioner,
attorney or representative, or beneficiary may pay the $1,000 Premium
Processing fee, but the beneficiary cannot sign or file the Form I-907.
How do I verify that I
am using the current version of the form?
Check the USCIS website at
Immigration Forms, above, for the most up-to-date information as well as the
most current version of Form I-907 which is available for download.
If you are already in possession of a Form I-907, please use this webpage,
Forms and Fees, to verify that your version of Form I-907 is still current.
This can be done by comparing the Forms and Fees webpage which includes the
“edition” date that USCIS is currently accepting and the edition date on your
Form I-907. The edition date, which is referenced as (Rev. xx/xx/xx) is located
in the lower right corner on every page of the form and instructions. If the
edition date on your Form I-907 matches the date or dates, if applicable, on
the Forms and Fees webpage, your version of Form I-907 is current and will be
accepted by USCIS. If there is a designation “N” shown after the edition date
on the Forms and Fees webpage, please note that USCIS will not accept any other
editions of the form.
How do I file a request
for Premium Processing Service?
You must complete and sign
Form I-907, Request for Premium Processing Service, in accordance with the
instructions on the current version of the form. You must file the concurrently
filed Form I-907 with Form I-129 or Form I-140 at the Service Center
designated as the appropriate filing location on the instructions to the Form
I-907. If you filed Form I-129 or the Form I-140 and you now wish to request
Premium Processing Service, file Form I-907 with the Service Center where the
Form I-129 or Form I-140 is currently pending. Submit a copy of the Form I-129
or Form I-140 filing receipt. If you received a transfer notice, it is very
important that you include a copy of it and that you submit your filing to the
transfer location. If a petitioner or applicant erroneously filed a concurrent
or standalone Form I-907 at the wrong service center, USCIS will not reject the
filing, but instead will forward the filing to the correct service center
having jurisdiction over the petition or application. For an incorrectly filed
Form I-907, the 15 calendar day period will start on the date the file is
received at the correct service center as indicated in the Form I-907 filing
instructions.
Are there any
additional conditions of availability being placed on the Premium Processing
Service at this time?
Yes. This will accord USCIS
the flexibility to adapt to contingencies affecting its ability to provide
Premium Processing Service. Premium Processing Service is available for the
Form I-140 classifications indicated on the chart above provided that the case
does not involve:
1. A second filing of a Form
I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification
substitution requests; and
3. Duplicate Labor
Certification requests (i.e., cases filed without an original labor
certification from the Department of labor).
USCIS is prescribing 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 USCIS to guarantee
that it will process the case within a 15 calendar day period.
What is the fee for this service?
The fee for this service is $1,000. The Premium Processing Service fee may not
be waived. In addition to the Premium Processing Service fee, all other filing
fees relating to the specific form(s) for which you are requesting Premium
Processing Service must also be submitted. The Premium Processing Service fee
must be submitted in a separate
check or money order. The petitioner, attorney or representative, or
beneficiary may pay the $1,000 Premium Processing Service fee, but the
beneficiary cannot sign or file the Form I-907. If e-filed, USCIS accepts
credit card, debit card, or electronic transfer of funds from a checking or
savings account from a U.S. bank.
Are there any additional benefits to
the program?
Yes. USCIS has provided not only a unique mailing address for its Premium
Processing Service customers, but it has also established a special phone
number and e-mail address for each of the Service Centers. These special
communication channels will be available only to Premium Processing Service
customers.
USCIS is also collecting, on the Form I-907, your phone number, fax number and
e-mail address so that we can send you (the petitioner or attorney) an
automatic e-mail notifying you of the receipt of your Form I-907, Request For Premium Processing Service. If the underlying form for
which you requested Premium Processing Service is approved, we will send an
automatic e-mail notifying you of the approval. It is important that you provide this information so
that USCIS may correspond with you in the most appropriate manner.
In addition and at no additional cost, USCIS will strive to provide faster
processing of Form I-539 applications filed by or on behalf of dependents of
the principal beneficiary of a petition for which Premium Processing Service
has been requested if the Form I-539 is
filed at the same time. USCIS provides this service as a courtesy.
Consequently, it cannot guarantee faster processing of the Form I-539.
Does this program have
any effect on the USCIS’ previous expedite practices?
Yes. The discretionary
expedite requests will no longer be available for those classifications
designated as eligible for Premium Processing Service; however, petitioners
designated as not-for-profit entities by the Internal Revenue Service may
continue requesting discretionary expedited service as they have in the past or
they may choose to pay the Premium Processing fee and utilize that service. If
the criteria for a discretionary expedite are not met, the not-for-profit
petitioner still has the option of requesting of Premium Processing upgrade by
filing Form I-907 with fee.
How will the USCIS
manage those categories that have an annual limit in relation to this faster
processing?
USCIS does not believe that
individuals who pay for Premium Processing Service on petitions filed for
nonimmigrant classifications that are subject to annual limitations will have
an unfair access to these limited immigration programs.
For cap-subject H-1B and H-2B petitions, USCIS will apply a random selection
process to all petitions (whether or not Premium Processing Service is
requested) received on the date when a sufficient number of petitions have been
received to reach the applicable numerical limit (“final receipt date”). Petitions
that are accepted through this random selection process are adjudicated to
completion. For H-1B cases, USCIS will return the fees to the petitioner and
hold the cases that were filed ON the
cut-off day but were not selected in the random process. This
way, if USCIS does not use all of the projected H-1B1 Singapore/Chile cap cases
(which count towards the H-1B cap), additional H-1B cap cases will be taken in
order from the list of cases that were held. Those petitioners will then be
notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are
rejected along with the fees.
Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day are
rejected along with the fees. Unlike the H-1B cap cases, there is no need to
hold the H-2B cap cases that were not selected because there are no special
provisions that apply to the H-2B cap cases like there are with the H-1B cap
cases, i.e. H-1B1 Singapore/Chile cap cases.
In order to ensure equitable access to other cap-subject nonimmigrant
classifications to which USCIS does not currently apply a random selection
process, USCIS will temporarily terminate the availability of Premium
Processing when it becomes clear that the demand will exceed the annual
numerical limitation (e.g., when the USCIS has a pending volume of petitions
sufficient to reach the limitation). This termination of procedure will ensure
that all petitioners have equitable access to these limited immigration programs.
Can I contact a USCIS Service
Center if I have not
filed a request for Premium Processing Service yet but have questions about the
program?
No, you cannot contact the
Service Centers directly unless you have already filed Form I-907, Request for
Premium Processing Service, for the underlying Form I-129 or Form I-140. The
Premium Processing toll-free phone number and e-mail
addresses listed on Form I-907 are dedicated only to customers who have already
submitted a request for Premium Processing Service. If you have not requested
Premium Processing Service, you can call the Customer Service toll free phone
number at (800) 375-5283 for general information about the program.
How do I contact the Service Center concerning the Premium Processing
request that I filed?
The unique mailing address
for each of the Service Centers is listed on the instructions to the Form
I-907. Additional contact information for each Service Center
will be provided to you on your receipt notice and will also be provided on
this Website.
If you have already filed a Request for Premium Processing Service and you need
to contact the Service
Center, call the Premium
Processing Toll Free phone number at 1-866-315-5718. You will need to have your
receipt number when you call, because this phone number is only for inquiries
relating to Premium Processing Service.
How can I get the
results of the adjudication faster?
You can include a postage
paid and self-addressed courier delivery slip with the Premium Processing
Service request and it will be used to return the results of the adjudication.
This
page can be found at http://www.uscis.gov/premiumprocessing