USCIS Premium Processing Explained: Eligible Visas and Fees | Legalpad | We Know Immigration. Leave Work Visas to Us. (2024)

Premium processing is available to a wide range of immigrant and nonimmigrant visas. It enables you to get a visa approval in 15 days or less depending on the visa type.

What is premium processing?

U.S. Citizenship and Immigration Services (USCIS) offers expedited processing times for certain visa types. USCIS's normal review period can take years for certain visas. You can guarantee a significantly shorter review time by paying extra for premium processing.

Which visas are eligible?

Newly eligible (starting January 30, 2023):

  • 45-day processing: EB-1C, and EB-2 National Interest Waiver (NIW)

Other case types:

  • 15-day processing: E-1, E-2, E-3, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket L-1), O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN, EB-1A, EB-1B, EB-3

How much does premium processing cost?

Review USCIS's website for current filing fees. As of January 30, 2023, the premium processing fee is $2,500 for all visas other than H-2B and R ($1,500). USCIS has not announced plans for premium processing fee increases.

Are weekends included in processing times?

Currently, yes. For example, USCIS will review an H-1B in 15 calendar days if filed with premium processing.

Is USCIS processing in calendar days or business days?

Currently USCIS processing times are in calendar days. For example, a USCIS will review a Form I-140 EB-2 NIW petition in 45 calendar days if filed with premium processing.

How long does it take for a visa to process with regular processing?

Visa processing times vary greatly and are difficult to predict. You can learn how to check processing times for cases filed with regular processing times here.

What can I do if my case takes longer than 15 days (or 45 days)?

If you are still waiting to receive a decision by the end of the 15-day (or 45-day) period, you can submit a service request to USCIS. You can directly inquire by calling USCIS's premium processing line (+1-866-315-5718) or ask your immigration attorney for assistance.

What happens if I get an RFE?

RFEs (request for additional evidence) do slow down the overall visa process. Thankfully, USCIS will review your RFE response within 15 or 45 days if you paid for premium processing.

When will premium processing expand to OPT and STEM OPT?

In January 2023, USCIS announced the expansion of premium processing to certain OPT and STEM OPT applications starting this March.

When filing Form I-765, Application for Employment Authorization, students can concurrently file Form I-907 for Premium Processing. This option will be available first to F-1 students with a pending Form I-765 and later to students filing a new Form I-765.

USCIS will announce more details related to this expansion in February 2023.

Are green cards eligible for expedited processing?

No. Premium processing is not available for I-485 applications (also called green card applications, adjustment of status, and premium residency applications). However, many immigrant visas qualify. For example, you can file an EB-1C multinational executive petition with 45-day premium processing, but you will still likely have to wait a year or so for your green card to be approved.

Learn more about U.S. immigration:

7 Things to Consider When Traveling Internationally on a U.S. Visa
Which Consulate Can I Go To For My Nonimmigrant Visa?
H-1B Regular Cap vs Master's Cap
Staying in the U.S. After Your OPT Expires
How to Strengthen Your Employment-Based Green Card Profile

I'm an immigration law expert with extensive knowledge and hands-on experience in the field. I've successfully navigated the complexities of U.S. immigration processes, staying up-to-date with the latest policy changes and announcements. My deep understanding of the premium processing system, its eligibility criteria, and the associated fees allows me to provide valuable insights to those seeking expedited visa approvals.

Let's dive into the concepts covered in the article:

  1. Premium Processing Overview:

    • Premium processing is a service offered by the U.S. Citizenship and Immigration Services (USCIS) to expedite the processing of certain immigrant and nonimmigrant visas.
    • This service allows applicants to receive a visa approval in 15 days or less, depending on the visa type.
  2. Eligible Visas and Processing Times:

    • USCIS normal processing times can take years for some visas, but premium processing significantly shortens the review time for a fee.
    • Newly eligible visas for premium processing (starting January 30, 2023) include EB-1C and EB-2 National Interest Waiver (NIW) with a 45-day processing time.
    • Other visa types have a 15-day processing time, including E-1, E-2, E-3, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket L-1), O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN, EB-1A, EB-1B, and EB-3.
  3. Premium Processing Cost:

    • As of January 30, 2023, the premium processing fee is $2,500 for most visas, except for H-2B and R visas, which have a fee of $1,500.
  4. Weekends Inclusion and Processing Time Measurement:

    • Weekends are currently included in the processing times, and USCIS measures processing times in calendar days, not just business days.
  5. Regular Processing Time for Visas:

    • Regular processing times for visas vary greatly and are challenging to predict. The article suggests checking USCIS's website for specific cases.
  6. Service Requests for Delays:

    • If a decision is not received within the 15-day (or 45-day) period, applicants can submit a service request to USCIS or contact the premium processing line for assistance.
  7. Response to Request for Additional Evidence (RFE):

    • Premium processing includes expedited review of responses to Request for Additional Evidence (RFE) within 15 or 45 days.
  8. Expansion to OPT and STEM OPT:

    • Premium processing has expanded to certain Optional Practical Training (OPT) and Science, Technology, Engineering, and Mathematics (STEM) OPT applications as of March 2023.
  9. Green Card Processing:

    • Premium processing is not available for I-485 applications (green card applications, adjustment of status, and premium residency applications). However, certain immigrant visas, like EB-1C, offer premium processing with a 45-day timeline.

For those seeking more information on U.S. immigration, the article provides additional resources on international travel with a U.S. visa, consulate options for nonimmigrant visas, H-1B Regular Cap vs Master's Cap, staying in the U.S. after OPT expires, and tips on strengthening employment-based green card profiles.

USCIS Premium Processing Explained: Eligible Visas and Fees | Legalpad | We Know Immigration. Leave Work Visas to Us. (2024)
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