U.S. Immigration: Premium Processing

Premium Processing is a service offered by the U.S. Citizenship and Immigration Services (USCIS) that allows for expedited processing of certain visa and immigration petitions. This service does not increase the chances of approval, but it guarantees that the USCIS will take initial action on a case such as approval, denial, or a request for additional evidence, within a shortened timeframe. In general, this timeframe is 15 calendar days for most petitions, or 30 calendar days for some specific categories, following policy changes implemented between 2023 and 2024.

Premium Processing is particularly useful for individuals or employers who require a swift decision due to professional, contractual, or scheduling reasons, such as hiring foreign workers. It is commonly used in petitions for temporary employment visas such as the H-1B, L-1, O-1, and TN (citizens of Mexico or Canada under the NAFTA agreement). In addition, certain employment-based green card petitions, such as EB-1, EB-2, and EB-3, may also be eligible for Premium Processing, depending on the specific case.

To request Premium Processing, the petitioner or employer must submit Form I-907 (Request for Premium Processing Service) along with the primary petition and the required fee. An amount is charged in addition to the standard USCIS filing fee. If the USCIS fails to meet the promised processing timeframe, it is required to refund the Premium Processing fee, though the petition will still be processed on an expedited basis.

It is important to note that Premium Processing only expedites the USCIS's review of the petition and does not affect the timeline for consular processing, such as visa interviews or passport issuance. Furthermore, if the USCIS issues a Request for Evidence (RFE), the processing clock is paused until the petitioner provides the necessary documentation.

Finally, Premium Processing is only available for certain categories of visas and petitions and cannot be used for all types of immigration filings. While it offers a valuable option for those seeking faster decisions, it should be evaluated on a case-by-case basis, depending on the nature of the petition and the applicant’s specific circumstances.