1. What is Premium Processing Service offered by USCIS?

The Premium Processing Service offered by USCIS is an optional service that allows applicants to receive faster processing of their eligible immigration forms and petitions. This service is available for certain nonimmigrant and immigrant visa categories, including H-1B, L-1, O-1, EB-1, and EB-2 petitions.
Premium processing requests must be submitted together with the corresponding form or petition and an additional fee. USCIS guarantees a 15-calendar day processing time for premium processing requests. If USCIS does not take action on the case within 15 days, the applicant will receive a refund of the premium processing fee.
2. How can I request Premium Processing Service for my case?
To request Premium Processing Service for your case, you must complete Form I-907 and submit it along with your petition or application to the address listed in the form instructions.

You must also include the required premium processing fee as a separate check or money order payable to “U.S. Department of Homeland Security.”

If you are filing electronically through the USCIS Electronic Immigration System (USCIS ELIS) or through a participating attorney/representative’s online account, you will pay the fee using a credit card.

Be sure to clearly mark “Premium Processing” on both your form and envelope to ensure proper handling by USCIS.

3. What is the current fee for Premium Processing Service?
As of October 2020, USCIS charges a $2500 fee for premium processing service. This fee may change periodically so it is important to check the USCIS website for updates before submitting your request.

4. Who is eligible for Premium Processing Service?
Not all immigration forms are eligible for premium processing service. However, some common forms that are currently eligible include:

– Form I-129: Petition for Nonimmigrant Worker (H-1B,L,O,P,Q,R)
– Form I-140: Immigrant Petition for Alien Worker (EB-1, EB-2 and EB-3)
– Form I-539: Application to Extend/Change Nonimmigrant Status (dependents of H and L visa holders)
– Form I-765: Application for Employment Authorization (certain categories such as L-2 spouse or O spouse)

For a full list of eligible forms, you can check the USCIS website.

5. Can I apply for Premium Processing Service after I have already submitted my petition/application?
No, premium processing service must be requested at the time of filing. If you have already submitted your petition/application and did not request premium processing service, you cannot request it later. However, if your case is still pending with USCIS and they have not yet processed it, you may be able to submit a new application with the premium processing request.

6. What happens after I request premium processing for my case?
After USCIS receives your request for premium processing service and the appropriate fee, they will issue a receipt notice confirming that they have received your request. This notice will include a 15-day clock during which USCIS must take action on your case.

During this 15-day period, USCIS may approve, deny or request additional evidence for your petition/application. If additional evidence is requested, the 15-day clock will stop and will resume once USCIS receives the requested evidence.

If USCIS does not take any action on your case within the 15 days, they will refund the premium processing fee and continue to process your case in an expedited manner.

7. Are there any drawbacks to using Premium Processing Service?
One drawback of using Premium Processing Service is the high fee associated with it. Additionally, by requesting expedited processing, applicants may receive a decision on their case without giving enough time for supporting documentation to be gathered or potential issues to be addressed.

Another is that due to increased demand for premium processing, USCIS may temporarily suspend the service for certain forms or categories. This can cause delays and uncertainty for applicants who were counting on expedited processing.

Overall, it is important to weigh the benefits against the cost before deciding whether to request premium processing for your case.

2. How much does Premium Processing cost?

The USCIS Premium Processing fee is currently $1,440. This is in addition to any other filing fees that may accompany the petition.

3. Can any type of immigration application or petition be filed under the Premium Processing Service?

No, not all types of immigration applications or petitions can be filed under the Premium Processing Service. The availability of premium processing varies depending on the type of application or petition and is subject to change at any time. Currently, premium processing is available for certain employment-based nonimmigrant visa categories such as H-1B, L-1, O-1, P-1, TN, and E-2; and certain employment-based immigrant visa categories such as EB-1, EB-2 with National Interest Waiver (NIW), and EB-3 Other Workers. Premium processing is also available for certain family-based visas such as K-1 fiancé(e) visas and I-140 immigrant visa petitions for immediate relatives. However, premium processing is not available for all types of immigration applications or petitions. It is important to check the USCIS website or consult with an immigration attorney to determine if your specific case may be eligible for premium processing.

4. Are there any eligibility requirements to use the Premium Processing Service?

Yes, there are certain eligibility requirements to use the Premium Processing Service:

1. The petition or application must be eligible for Premium Processing. Not all types of petitions and applications are eligible for this service.

2. The form used to file the petition or application must have a designated filing fee amount for Premium Processing.

3. The petitioner or applicant must include the correct fee along with the petition or application.

4. The forms must be properly completed and signed by the appropriate parties.

5. If you are filing a Form I-129, Nonimmigrant Worker, it must include all required evidence and supporting documents at the time of filing.

6. If you are filing a Form I-140, Immigrant Petition for Alien Worker, it must be filed concurrently with an Application for Adjustment of Status (Form I-485).

7. The petitioner or applicant must provide a valid U.S. mailing address where they can receive correspondence from USCIS.

8. All previously submitted RFEs (Requests for Evidence) on the case should be responded to before requesting premium processing.

9. The petitioner or applicant may not request premium processing service on behalf of any dependent(s) included in their petition/application; each person requiring premium processing services would have to do so separately through that individual’s parent or legal guardian.

10.The Department of State has chosen not to accept premium processing at this time through our procedures set forth in 8 CFR Part 103 and thus premium processing cannot guarantee earlier handling by overseas consular officials.http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=643934abb2608210VgnVCM100000082ca60aRCRD&vgnextchannel=641243eb6823e010VgnVCM1000000ecd190aRCRD

5. How can I request Premium Processing for my application or petition?

To request Premium Processing for your application or petition, you will need to file Form I-907, Request for Premium Processing Service, along with the required filing fee of $1,440. This can be submitted electronically or by mail to the appropriate USCIS office responsible for processing your case. You must also include a copy of the original receipt notice for your application or petition.

6. Is the processing time guaranteed with Premium Processing?

No, while premium processing typically results in a faster processing time, it does not guarantee an approval or a specific timeline for the decision to be made. USCIS may issue a request for evidence or delay the process for various reasons.

7. What happens if my case is not processed within the guaranteed time frame?

If your case is not processed within the guaranteed time frame stated on the government’s website, you can file a complaint and request an explanation for the delay. You may also have the option to escalate your case to a higher authority or seek legal assistance in expediting the processing of your case.

8. Can I request a refund if my case is not processed within the guaranteed time frame?

Unfortunately, no. The guaranteed processing time is just an estimate and does not guarantee that your case will be processed within that time frame. There are various factors that can affect the processing time of a visa or immigration application, such as security checks, incomplete documentation, and high volume of applications. USCIS strives to process cases in a timely manner, but there is no guarantee that every case will be processed within the estimated time frame.

9. Can I upgrade my case to Premium Processing after it has already been filed?

Yes, you can upgrade your case to Premium Processing after it has already been filed. You would need to submit Form I-907, Request for Premium Processing Service, and pay the corresponding fee to USCIS. The agency will then process your case within 15 calendar days.

10. Are there any additional fees associated with filing under the Premium Processing Service?

Yes, there is an additional fee of $1,440 for utilizing the Premium Processing Service. This fee must be paid in addition to any other application fees and can only be paid by check, money order, or credit card.

11. Does using Premium Processing increase my chances of approval?

Using Premium Processing does not increase your chances of approval. It only expedites the processing time for your petition. Your petition will still be subject to the same eligibility requirements and standards for approval as any other petition.

12. What documents are required to file under the Premium Processing Service?

The documents required for filing under the Premium Processing Service vary depending on the type of application or petition. However, some general documents that may be required include:

1. Form I-907, Request for Premium Processing Service
2. Filing fee for premium processing
3. Proof of payment of the base filing fee
4. Copy of the original application or petition being filed
5. Any supporting documents and evidence required for the specific application or petition

For a more comprehensive list of required documents, it is best to consult the specific instructions for your particular immigration benefit application or petition. Additionally, you may also need to submit additional documents if requested by USCIS after filing with premium processing.

13. Where do I send my request for Premium Processing and supporting documents?

You will need to submit your request for Premium Processing and all supporting documents to the USCIS Service Center with jurisdiction over your petition. To determine the correct address, refer to the USCIS website or contact their customer service hotline. It is important to use the correct address to avoid delays in processing your request.

14. Can I expedite my case without using the Premium Processing Service?

Expediting a case without using the Premium Processing Service is possible but may take longer. You can submit a request to expedite your case with USCIS if it meets certain criteria, such as humanitarian reasons or significant financial loss for the petitioner. The decision to expedite a case is at the discretion of USCIS and may not always be granted. It is recommended to carefully review the criteria and gather all necessary supporting documentation before submitting an expedite request.

15. How long will it take to receive a decision on my application or petition with Premium Processing?

Premium Processing guarantees a processing time of 15 calendar days from the date USCIS receives the request for premium processing. If USCIS is unable to make a decision within this timeframe, the agency will refund the premium processing fee and continue with expedited processing. It is important to note that this does not guarantee an approval decision within 15 days, but rather a decision on whether to approve or deny the application or petition. Delays may occur if USCIS requests additional evidence or if there are security concerns.

16.May an individual whose application is denied after premium processing appeal that decision and later employ premium processing again if later applying for other related benefits?

Yes, an individual may appeal a decision made after premium processing and later employ premium processing again if applying for other related benefits. However, the outcome of the previous appeal may be taken into consideration during the evaluation of the new application.

17.Will using the Premium Processing Service affect the validity period of any visa already issued in connection with my application or petition?

No, using the Premium Processing Service will not affect the validity period of any visa already issued in connection with your application or petition.

18.What types of benefits are unavailable when using the Premium Processing Service?

The following benefits are unavailable when using the Premium Processing Service:
1. Expedited visa processing for family members
2. Priority boarding at ports of entry
3. Guaranteed approval of the application
4. Access to premium customer service
5. Refund for denied or rejected cases (except for certain EB-5 immigrant investor cases)
6. Expedited biometric appointments or interviews
7. Substitution of representatives
8. Ability to change the USCIS Service Center handling your case
9. Queuing emails
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19.How do I check the status of my case when using the Premium Processing Service?

If you submitted a premium processing request for your case, you can check the status of your case by logging into your USCIS online account or by calling the USCIS Contact Center at 1-800-375-5283. You will need your receipt number, which can be found on your Form I-797 Notice of Action. If you do not have an online account, you can also create one using your receipt number. Once logged in, you can track the progress of your case and any updates or actions taken by USCIS. You may also receive email updates on the status of your case if you opted in for electronic notifications.

20.Can I submit multiple applications or petitions at once under one single premium processing request and fee payment and likely specific fees, or electronic payment as applicable ?

ANSWER :

No, each application or petition must have its own separate premium processing request and fee payment. You cannot combine multiple requests and fees into one single premium processing submission. Each application or petition must also be eligible for premium processing in order for the request to be accepted.