H-1B Premium Processing and Related Issues


U.S. Citizenship and Immigration Services (USCIS) has offered a premium processing service for H-1B petitions. For an additional fee of $1,225, USCIS guarantees a decision (approval, denial, or request for evidence) within 15 calendar days of receiving a petition. In the event that USCIS fails to meet this deadline, it will refund the $1,225 fee, but continue to give your case expedited processing.

Below is a brief FAQ on this premium service.

Q: How do I file a request for premium processing service?

A: To request premium processing, take the following steps:

  1. Submit a separate Form I-907 to USCIS.
    • Form I-907 may only be filed by the petitioner (i.e. a sponsoring company, organization, or employer) or the petitioner’s attorney.
  2. Pay the $1,225 fee in a separate check. The premium processing fee cannot be included in the same check as the base filing fee.
  3. USCIS will reject premium processing requests if the I-907 is filed at a service center without jurisdiction over the work site.
  4. Alternatively, petitioners can e-file your request for premium processing via the USCIS E-Filing system.

 

Q: Will premium processing increase my chances of making the H-1B quota?

A: No. Premium processing only expedites the adjudication of your case. It does not influence whether you are part of the quota or whether your case in the end gets approved or denied. The sole purpose of premium processing is to dramatically reduce the time you’ll have to wait for a decision.

Q: Will premium processing increase my chances of H-1B approval?

A: No. Again, premium processing only expedites the adjudication of your case. It does not influence whether you are part of the quota or whether your case in the end gets approved or denied. The sole purpose of premium processing is to dramatically reduce the time you’ll have to wait for a decision.

Q: I already filed my H-1B petition, but now I’d like to request premium processing. Can I still do so?

A:Yes, you’re permitted to do so. If you file an I-907 after your H-1B petition is filed, the 15-day processing period will begin when USCIS receives your I-907. If you submit a Form I-907 after your visa petition, you must include a copy of the receipt notice (Form I-797).

 

Q: What’s the detailed timeframe for premium processing?

A: Premium processing begins on the day USCIS physically receives a petition or application and ends the day that it issues a notice or request. If USCIS does not issue a notice or request within 15 calendar days, the fee will be refunded, but case handling will still be expedited. If a given application or petition is not eligible for premium processing, the fee will be refunded, and the case will be processed under regular procedures.

Our experienced immigration attorneys are here to guide professionals through the complicated H-1B application process, and minimize any and all confusion or challenges. We understand how important an H-1B visa is to you, whether as the employer or the prospective employee. Our seasoned staff and years-long track record of success make Zhang & Associates the natural choice to facilitate your H-1B petitions.

For more detailed information on the H-1B category, including minimum requirements and USCIS policies, refer to the following links:

General H-1B Topics

H-1B Articles

 

Updated 04/26/2017