Reminder: Premium Processing Fees Will Increase on Feb. 26, 2024

 

USCIS has scheduled to increase the premium processing service fees for several applications.  

On February 26, 2024, the premium processing service fees will be increased as follows:

Form I-140:  from $2500 to $2805

Form I-129:  from $2500 to $2805; 

Form I-129 (H2B and R-1 only): from $1500 to $1685  

Form I-539:  from $1750 to $1965

Form I-765 (F-1 OPT): from $1500 to $1685

If an application or petitioner elects to use premium processing service, USCIS will review and adjudicate their immigration applications faster than normal. The current premium processing schedule is as follows:

• 15 calendar days for most classifications including I-129 (H, L, etc.) and most I-140s 
• 30 calendar days for Form I-765 for F-1 students seeking OPT or STEM OPT extensions;
• 30 calendar days for Form I-539 applicants requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status, after all prerequisites, including receipt of biometrics, have been met;
• 45 calendar days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver classifications

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Premium Processing expanded to Multinational Manager and NIW I-140 Petitions

USCIS just announced further expansion of the premium processing services for I-140 petitions under certain EB-1 and EB-2 classifications, which will be effective on January 30, 2023.

Beginning January 30, 2023, USCIS will accept I-907 for the following types of I-140 petitions: 

• All pending E13 Multinational Executive and Manager Petitions and E21 classification as a member of professions with advanced degrees or exceptional ability seeking national interest waiver (NIW) petitions;
• All new E13 Multinational Executive and Manager Petitions and E21 NIW petitions filed on or after January 30, 2023.

For these I-140 petitions, USCIS will have 45 days to adjudicate them under premium processing.

It is also expected that USCIS will announce further expansion of premium processing for the following petitions:

• March: pending I-765 petitions filed by F-1 students for OPT/STEM OPT extension;
• April: new I-765 petitions filed by F-1 students for OPT/STEM OPT extension; 
• May:pending I-539 applications filed by F-1 students and exchange visitors for status changes/extensions.
• June: new I-539 applications filed by F-1 students and exchange visitors for status changes/extensions.

Stay tuned for further details!

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Further expansion of Premium Processing to Pending EB1C and EB2 NIW Petitions

USCIS recently announced further expansion of the Premium Processing Services, effective immediately. This phase of the expansion covers two types of I-140 petitions:

EB-1c Multinational Executive Manager Petitions:  filed on or before January 1, 2022

EB-2 Petitions filed with a National Interest Waiver: filed on or before February 2, 2022.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Rule to expand premium processing for I-539, I-765, EB-1C and EB-2; set target processing timeframes

A new rule published by DHS today creates a long-term plan to reduce USCIS case backlogs, increase processing timeframes and also expand premium processing services to include I-539, I-765, EB-1C and EB-2 NIW applications.

The new goals of processing timeframes are as follows:

• I-129 premium, I-140 premium:  2 weeks
• I-129 non-premium: 2 months
• I-765, I-131 advance parole, I-539, I-824: 3 months
• N-400, N-600, I-485, I-140 non-premium, I-130, I-290B, I-360, I-102, I-526, I-600, I-600A, I-730, I-800, I-800A, I-90, I-821D renewals:  6 months

These are certainly ambitious goals. Given the current volume of backlogs, it may take some time to achieve these goals.  But, by setting up these goals, both the agency and the public have something to work towards and look forward to. 

Expansion of Premium Processing Services: 

The rule also codifies premium processing fees provided by Congress under the Emergency Stopgap USCIS Stabilization Act (H.R. 8089) including: 

• Form I-140 requesting EB-1C immigrant classification as a multinational executive or manager or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Fee: $2,500. Timeframe: 45 days;
• Form I-539 requesting a change of status to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status or a change of status to or extension of stay in E-1, E2, E-3, H-4, L-2, O-3, P-4, or R-2 nonimmigrant status. Fee: $1,750. Timeframe: 30 days; and
• Form I-765 requesting employment authorization. Fee: $1,500. Timeframe: 30 days.

Without setting up a fixed schedule, USCIS announced a long-term plan to implement premium processing services in phases to additional applications.

USCIS intends to implement expansion of premium processing availability of Forms I-539, I-765 and I-140 "as soon as feasible" in FY 2022.   There are currently no plans to expand premium processing to additional applications. 

Even regarding the aforementioned forms, premium processing is limited to certain type of visa statuses as described above. 

For I-765, certain application categories will be given higher priorities.  For example, DHS expects to begin premium processing EADs for F-1 students applying for Optional Practical Training (OPT) and exchange visitors some time in FY 2022. 

As usual, we must wait for further instructions from USCIS to know the details. Stay tuned!

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Premium Processing Now Available For E-3 Petitions

For certain applications, USCIS offers a Premium Processing service for those willing to pay the fee. The service ensures that the application is adjudicated within 15 business days. 

Starting today, Australian workers applying to change to or extend their E-3 specialty occupation status through Form I-129 can opt to use this service. Qualifying applicants can request it through filing Form I-907 either concurrently with the I-129 petition or while the petition is pending. USCIS has not confirmed the Premium Processing filing fee in today's announcement or on their website, though the fee is likely to be $2,500 like most of the other I-129 filing categories. 

One thing to keep in mind, though, is that the service speeds up the decision whether it is an approval, denial, or issuing of RFE. Taking the Premium Processing route should not be a decision made lightly.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Premium Processing Fee Increased to $2500 Effective 10/19/2020

USCIS announcement:  The I-907 premium processing service fee will be increased from $1,440 to $2,500 for applications postmarked on or after October 19, 2020.  The new fees apply to all eligible applications except for I-129 petitions requesting H-2B worker or R-1 religious nonimmigrant status. The fee increase for H-2B and R-1 petitions will be from $1,440 to $1,500. 

Updated I-907

USCIS also released a new edition of the I-907 application for premium processing services dated 09/30/2020.  Starting on Dec. 16, 2020, USCIS will only accept the 09/30/20 edition of I-907.  

Premium Processing Services Expanded to EB1C, NIW, I-539, EAD, ETC.

The Return of Premium Processing Services

Good news -- Premium Processing services will return for Forms I-129 and I-140 in increments over the next month. The premium processing service for Form I-140 Immigration Petition for Alien Workers will return first on June 1st, 2020. However, this does not include EB-1C multinational manager petitions and EB-2 national interest waiver petitions.

On June 8th, USCIS will accept requests to upgrade, through Form I-907, cap-counted H-1B petitions to premium processing services, provided the pending petition was filed before June 8th. These include change or extension of status petitions, change of employer petitions and "recapture" of previously-approved H-1B status.  All other non-H1B petitions that are eligible for premium processing can also upgrade if filed before June 8th, 2020.

On June 15th, H-1B petitioners that are cap-exempt (e.g., government research organization) or because employment will be at a qualifying institution or because a J visa Conrad waiver has been granted can be filed concurrently with form I-907.

The rest of the I-129 petition categories will resume premium processing on June 22nd. This includes filing to upgrade pending cap-subject (H-1B visa lottery) petitions, such as those filed for FY2021. Concurrent I-907 and I-129 filing will also return on this date for all other eligible I-129 non-immigrant visa petitions such as L-1A and L-1B petitions.

A note for those that filed using premium processing before it was suspended on March 20th: if your petition was not processed and you received a refund, you can refile according to the instructions above.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Premium Processing Suspended for FY 2021 H-1B CAP Cases

Premium processing service for FY 2021 cap-subject H-1B petitions will be suspended temporarily, according to a recent USCIS announcement.  

For applicants who are requesting for a change of status from F-1 nonimmigrant status to H-1B, premium processing service will be resumed no later than May 27, 2020.

For all other cap-subject H-1B cases, premium processing will be resumed on or after June 29, 2020.

For all other non-cap H-1B petitions, including extension / change of status, change of employer, amendments, etc., premium processing service continues to be available. 

Premium processing service requires an additional filing fee of $1440. In return, USCIS promises to issue a decision within 15 days or refund the additional filing fee. The decision could be an approval, a request for evidence or a denial.

Immigration Premium Processing Fee Increased to $1,440

USCIS premium processing fee has been increased from $1,410 to $1,440 effective 12/02/2019. The new fee applies to premium processing requests of the Form I-129, Petition for a Nonimmigrant Worker (H-1B, L-1, O, R, etc.), and Form I-140, Immigrant Petition for Alien Workers, from $1,410 to $1,440. Applications postmarked on or after 12/2/2019 must include the new fee. 

Premium processing is an optional service available to applicants if they want to have a decision within 15 days.  A decision can be an approval, a denial or other responses or requests from USCIS.  The fee is additional to all other filing fees.  

H-1B Updates: Premium Processing and Data Hub

This is the last week that U.S. employers may submit an H-1B petition for a foreign worker to work for them in specialty occupation positions.  H-1B applicants must compete for the limited pool of 65,000 visa numbers, plus 20,000 for U.S. advanced degree holders.  If the number of H-1B petitions exceeds the upper limit of the visa cap, USCIS will use a computerized random selection process (visa lottery) to select cases for further processing. This year, the number of H-1B applications are expected to be exceptionally high due to the record-low unemployment rates.   Hence, a visa lottery will most likely be used by USCIS to decide which cases to accept and which ones to reject.  It will take at least several weeks or longer before applicants may find out the result of the lottery. 

Even after an H-1B petition was selected in the visa lottery, the applicant must still wait for the USCIS to review and make a decision on the application, which can take on average several months.  Fortunately, for those who don't want to wait, they may request to use premium processing services to get a decision in two weeks.  USCIS announced that starting May 20, 2019, the agency will resume premium processing services for FY 2020 cap-subject H-1B petitions requesting for a change of status.  If an applicant has not made a request for premium processing yet, they may do so on May 20.  This applies for H-1B applicants who are present in the U.S. in a legal status (e.g., F-1) and who have requested to change their status to H-1B within the U.S.

For other type of cases, premium processing will not be available until at least June 2019, according to USCIS.  Usually this refers to applicants who plan to apply for an H-1B visa at an overseas American Consulate office (e.g., Shanghai, London, Mumbai, Chennai, etc.) in September before entering the U.S. to begin H-1B employment.  Applicants who request for change of status are given preference because some of them will need to rely on the special "cap-gap" extension rules to continue staying or working in the United States legally during the summer.

It is important to note that using premium processing services does not increase the chances for approval; it only guarantees that a decision will be made with 15 days.  The decision could be a request for further evidence or even a denial.   

Furthermore, USCIS has also launched an online H-1B Employer Data Hub.  The data hub contains information on employers petitioning for H-1B workers since FY 2009.  The purpose for the data hub is to increase transparency in employment-based visa programs.  Employer information such as NAICS code, employer name, city, state, and ZIP code will be available.  The public will also be able to obtain statistics such as number of approvals and denials for a particular employer during a given year, etc.  

Premium Processing Resumed for all H-1B Cases

USCIS announced yesterday that premium processing service has been resumed for all H-1B cases, starting March 12, 2019. This includes all the cap-subject cases to be filed in April too.  Applicants may make the request now or wait till their cases have been selected in the visa lottery to request for premium service. 

USCIS to Resume Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018

USCIS announced recently that, effective 02/19/2019, it will resume premium processing on for all H-1B petitions filed on or before Dec. 21, 2018.   

Petitioners may submit the premium processing request to USCIS now or with any response to Requests for Evidence (RFE) responses.  

Requests for premium processing should be filed with the most current Service Center that is handling the case.

Premium Processing Allowed for FY2019 CAP Cases

USCIS just announced it will resume premium processing services on Monday, January 28, 2019 for all fiscal year (FY) 2019 H-1B cap petitions - including the master cap cases.   Requests to upgrade to premium processing can be submitted with the responses to Requests for Evidence (RFE).  

It is important to note that FY 2019 CAP cases refer to those petitions that were filed in 2018 -- and are still pending. 

Only two other types of cases are eligible for premium processing services after the announcement: 1) Extension petitions with the same employer without changes; and 2) Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization.

All other types of H-1B petitions remain ineligible for premium processing services.

The announcement is a timely one as employers and foreign workers are gearing up for the FY 2020 H-1B cap filing season.  It is important for USCIS to complete the processing of FY 2019 cases as soon as possible.

Premium Processing Services Suspended for Most H-1B Filings Effective 09/11/2018

Effective 09/11/2018, USCIS is suspending Premium Processing Services for all H-1B petitions until 02/19/2019, except for

(1) "cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization;" and 

(2) H-1B extension petitions with no material changes with the same employer.  

All other H-1B petitions must be filed using regular processing. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Premium Processing Services for H-1B CAP Cases Suspended Until 09/10/2018

USCIS announced today that premium processing services will be suspended for H-1B cap cases this year until 09/10/2018.  Non-cap cases are still eligible for premium processing services. This is a change of policy from last week's stakeholder phone conference. 

"Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. We will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, 2018. During this time, we will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap. We will notify the public before resuming premium processing for cap-subject H-1B petitions or making any other premium processing updates. 

During this temporary suspension, we will reject any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B petition. If a petitioner submits one combined check for the fees for Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, we will reject both forms. When we resume premium processing, petitioners may file a Form I-907 for FY 2019 cap-subject H-1B petitions that remain pending."

Premium Processing Resumed for FY2018 H-1B CAP Cases!

Today (9/18/2017), U.S. Citizenship and Immigration Services (USCIS) announced that the agency has resumed premium processing services for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. Both regular CAP and master's degree CAP cases are eligible for premium processing services. 

The agency suspended the use premium processing services at the beginning of the H-1B filing season. 

USCIS also plans to resume premium processing for all other remaining H‑1B petitions, "as agency workloads permit." 

USCIS reminds applicants that the agency will also entertain requests for expedited services on a case-by-case basis in the exercise of its discretionary authority.​

Premium Processing Suspended for H-1B for 6 Months

USCIS just announced today that premium processing services for all H-1B petitions will be suspected for 6 months starting April 3, 2017. This will cover all H-1B CAP cases for FY 2018.  

USCIS to Accept H-1B Filings on April 1st; Premium Clock will begin by May 16, 2016

USCIS formally announced yesterday that the agency will begin accepting applications for H-1B cap visas for FY 2017 on April 1st, 2016.  Applications filed before April 1st will be rejected.  By law, the regular H-1B visa cap is 65,000.  There are 20,000 additional H-1B visa numbers for individuals with a U.S. earned graduate degree.  USCIS expects to receive more than 65,000 petitions during the first five business days of this year’s program.  A visa lottery will be conducted to select applications for further processing.  Petitions not selected will be returned. 

For premium processing services, USCIS announced that the agency will begin the 15-day premium processing clock no later than May 16, 2016.  USCIS will issue a decision (not necessarily approval) within 15 days in premium cases or issue a refund of the premium fee. 

New Filing Address for Premium Processing of I-140 Petitions from MD, NJ, NY & PA

Starting October 19, 2015, the direct filing address for Form I-140 petitions, submitted together with Form I-907, Request for Premium Processing, with a worksite location in Maryland, New Jersey, New York or Pennsylvania, will be the following:

Regular Mail: Premium Processing USCIS Nebraska Service Center P.O. Box 87103 Lincoln, NE 68501-7103

Express Delivery: Premium Processing USCIS Nebraska Service Center 850 S. Street Lincoln, NE 68508

To upgrade a pending Form I-140 to premium processing, mail the Form I-907 to the service center that has the pending Form I-140.

All other direct filing addresses for I-140 and I-485 petitions remain the same.

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USCIS again changed the filing addresses for the I-140 petition with I-907 premium proceessing service request in early 2017.  Please follow this link.