On 06.27.13 | In USCIS Blog, By USCIS Info
What is the USCIS Premium Processing Service?
USCIS provides a Premium Processing Service as a faster way to process certain employment-based petitions and applications. In using the Premium Processing Service the USCIS guarantees a 15 calendar day processing time to those petitioners or applicants who choose to pay to use this service or USCIS will refund the Premium Processing Service fee paid. If the fee is refunded based on not meeting the 15 calendar day processing, the case will continue to proceed and receive the expedited processing.
Once Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address as noted on the form, the 15 calendar day period will begin. USCIS will notify the petitioner or applicant by issue and serve an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation with the 15 calendar day period. If the petition or application requires additional documentation or evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by the USCIS of a complete response to their request for evidence or notice of intent to deny.
Eligibility for Premium Processing Service
USCIS sets forth the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.
Note: the H-1B, H-2B, and certain H-3 visa classifications may have annual numerical limit (“cap”) restrictions. It is recommended that petitioners verify whether a cap is applicable to their particular filing, and whether that cap has been met. Filing Form I-907 does not give special cap benefits to the petitioner.
|Form I-129, Petition for Nonimmigrant Worker|
|Designated Classification Within Form I-129||Corresponding Nonimmigrant Classification||Availability Date*|
|Treaty Trader||E-1||1 Jun 01|
|Treaty Investor||E-2||1 Jun 01|
|Alien in Specialty Occupation||H-1B||30 Jul 01|
|Temporary Worker performing nonagricultural services||H-2B||1 Jun 01 (Resumed May 1, 2013)|
|Trainee or Special Education Exchange Visitor||H-3||1 Jun 01|
|Intracompany Transferee, Executive or Manager Capacity||L-1A||1 Jun 01|
|Intracompany Transferee, Specialized Knowledge Professional||L-1B||1 Jun 01|
|A petitioner meeting certain requirements which seeks continuous approval of itself and some or all of its parents, branches, subsidiaries, and affiliates||LZ||1 Jun 01|
|Alien of extraordinary ability or achievements in the sciences, arts, education, business, or athletics||O-1||1 Jun 01|
|Alien providing essential support services for a principal O-1 alien||O-2||1 Jun 01|
|Internationally recognized athlete or member of an internationally recognized entertainment group||P-1||1 Jun 01|
|Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-1 alien||P-1S||1 Jun 01|
|Artist or Entertainer under a Reciprocal Exchange Program||P-2||1 Jun 01|
|Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-2 alien||P-2S||1 Jun 01|
|Artist or Entertainer in a Culturally Unique Program||P-3||1 Jun 01|
|Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-3 alien||P-3S||1 Jun 01|
|International cultural exchange alien||Q-1||1 Jun 01|
|Alien in a Religious occupation||R-1||July 30, 2001 and reinstated July 20, 2009***|
|NAFTA professional, Canada||TN-1||30 Jul 01|
|NAFTA professional, Mexico||TN-2||30 Jul 01|
* Indicates the availability date that the classification was initially eligible for Premium Processing Service.
** Indicates the last day that USCIS accepted filings requesting that specific classification. If a date is entered in this column, that classification is currently not eligible for filing.
*** Premium Processing Service for nonimmigrant religious worker visa petitions was initially suspended on November 28, 2006.On July 20, 2009, USCIS accepts 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 at the location where the beneficiary will be employed.
|Form I-140, Immigrant Petition for Alien Worker|
|Designated Classification Within Form I-140||Corresponding Employment-Based (EB) Immigrant Visa Classification||Availability Date*|
|Aliens of extraordinary ability||EB-1||November 13, 2006 and reinstated June 29, 2009****|
|Outstanding professors and researchers||EB-1||September 25, 2006 and reinstated June 29, 2009****|
|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 and reinstated June 29, 2009****|
|Members of professions with advanced degrees or exceptional ability seeking a National Interest Waiver||EB-2||Not Yet Available|
|Skilled workers***||EB-3||August 28, 2006 and reinstated June 29, 2009****|
|Professionals***||EB-3||August 28, 2006 and reinstated June 29, 2009****|
|Workers other than skilled workers and professionals||EB-3||September 25, 2006 and reinstated June 29, 2009****|
* Indicates the availability date the classification was initially eligible for Premium Processing Service.
** Indicates the last USCIS accepted filings request for that specific classification. If a date is entered in this column, that classification is currently ineligible for premium processing.
*** Indicates as available. Please see the section on additional conditions placed on Premium Processing Service availability.
**** As of June 29, 2009, USCIS reinstate for this classification Premium Processing Service for this benefit.
Can beneficiary of an immigrant visa petition apply for Premium Processing Service?
No, but there are exceptions. 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 petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the petitioner, may request Premium Processing Service for a designated petition. The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907.
How to determine current version of form I-907?
To verify that you have the most current version of Form I-907 being accepted by USCIS, compare the “edition date” located on the lower right corner of your Form I-907, to the “edition date” listed on USCIS’s “Request for Premium Processing Service” Form page. Your version of Form I-907 will be accepted by USCIS if:
Both dates match, or
USCIS’s “Request for Premium Processing Service” Form page lists a later date, but there is a designation “Y.”
Your version of Form I-907 will not be accepted by USCIS if a later edition date is listed followed by an “N” designation.
Request for Premium Processing Service
As the petitioner or its attorney or representative, it will be required to complete and sign Form I-907, Request for Premium Processing Service, follow the instructions on the current version of the form. If you are filing Form I-907 concurrently with Form I-129 or Form I-140, you must file both forms at the designated Service Center as indicated on the form instructions. If you have already filed Form I-129 or 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-797, Receipt Notice, for your Form I-129 or Form I-140. If you received a transfer notice, it is very important that you include a copy of it and that you submit Form I-907 to the transfer location.
If a petitioner erroneously filed a standalone I-907 relating to a Form I-140 petition 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 incorrectly filed Forms 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.
USCIS will reject any Form I-907 premium processing service requests that are filed at an office without designated geographic jurisdiction over the underlying petition if the Form I-907 is filed:
concurrently with a Form I-140 petition;
concurrently with a Form I-129 petition; or
as a standalone relating to a Form I-129 petition.
Conditions of availability for Premium Processing Service
Form I-907 premium processing service requests may be denied if the filing fails to clearly establish the conditions of availability and/or is incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without designated geographic jurisdiction over the Form I-140 immigrant petition.
Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve the following:
A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
Labor certification substitution requests;
Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of Labor), and;
A Form I-140 petition in which a final decision has been made.
USCIS is imposing these additional conditions of availability on Premium Processing Service for Form I-140 because of their special processing requirements, which involve locating, and transferring other files or documents internally and requesting initial evidence from an outside agency. This process makes it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.
Premium Processing Service Fee
The fee for this service generally is $1225.00 upon filing Form I-907. In addition to the Premium Processing Service fee, you will be required submit all other filing fees relating to the specific form(s) for which you are requesting Premium Processing Service. The USCIS requires a separate payment for Premium Processing Service fee. The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907.
Premium Processing Service Additional Benefits
USCIS offers a special phone number and e-mail address for each of the Service Centers. These designated phone numbers and e-mail addresses are only available to Premium Processing Service customers.
In addition, USCIS will collect your phone number, fax number and e-mail address on the Form I-907 so that they can send you (the petitioner or attorney or representative) an automatic e-mail notifying you of the receipt of your Form I-907. If the underlying form for which you requested Premium Processing Service is approved, USCIS 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 a timely manner.
Premium Processing Service for annual (“cap”) limit classifications
Individuals who pay for Premium Processing Service on petitions filed for nonimmigrant classifications that have annual numerical (“cap”) limitations will not have an advantage in priority move up. Cases subject to the cap which were not selected in the random process and that were filed after the final receipt date are rejected and the premium processing fees will be returned.
General Information on Premium Processing Service
For general information on the Premium Processing Service program you can contact the USCIS customer service at 1-800-375-5283.