Processing times for USCIS applications can be many months. The time frames to adjudicate a case with USCIS can vary from a couple of months to over 2 years. This can cause much angst to applicants who are eagerly awaiting a decision from USCIS on their pending case.
For certain applications, USCIS offers an optional service known as Premium Processing (PP) available for a limited number of USCIS filings to speed up the lengthy timeframe. The PP fee expedites the review process to 15 business days for most cases. Some premium processing cases have a longer adjudication timeframe of up to 45 business days. In the event the agency fails to process the petition within that timeframe, the Premium Processing fee is refunded, and the petition will continue to be reviewed under expedited service. Below are the answers to many commonly asked questions regarding Premium Processing.
Which filings are eligible for Premium Processing?
Premium processing provides expedited processing, with varying timeframes, for the following forms:
Premium Processing for Form I-765 is limited to F-1 students applying for work authorization through Form I-765.
Premium Processing for Form I-539 Change of Status is limited to applicants who want to change their status to F-1, F-2, M-1, M-2, J-1, or J-2 status.
What are the Premium Processing Adjudication Time Frames for the applicable cases?
These time frames indicate the time that USCIS has to adjudicate a case. This could result in an approval, a denial or a request for evidence (RFE). For cases that are issued a RFE, the premium processing clock ‘stops’ and then restarts upon submission of the response to the RFE.
What is the cost for Premium Processing?
As of March 2024, the standard USCIS premium processing fee for most eligible case types is $2,805. The amount is adjusted periodically to account for inflation. Certain premium processing fees are reduced, such as for R-1 religious workers, who have a premium processing fee of $1,685. There is also a reduced premium processing fee for eligible I-539s, at $1,965 and eligible I-765 filings at $1,685.
Who pays for Premium Processing?
This fee can be paid by either a petitioning employer, if applicable, or the applicant.
What are the benefits of Premium Processing?
The clearest benefit to Premium Processing is simple, petitioners will hear a response within a set time period. This can help avoid gaps in employment authorization, allows employers to fill their positions quickly, and allows employees to travel outside of the country and return on a valid visa. An employer’s willingness to fund the Premium Processing filing fee can help attract and retain talent, as employees value anything that simplifies or expedites the immigration process.
There is an added benefit of online status tracking and email updates throughout the process. Finally, filing for PP in the case of an I-140 typically expedites the issuance of a work authorization for an H-4 spouse. H-4 spouses are entitled to work authorization when an H-1B spouse receives their I-140 approval.
What are the negatives to consider? Aside from the significant additional cost, the expedited review does not necessarily result in a final decision. The government can (and often does) issue a Request for Evidence (RFE) in cases where Premium Processing has been utilized. Using Premium Processing does not guarantee a final decision within the initial time frame.
If you have any additional questions, do not hesitate to contact our office at (312) 427-6163 or schedule a consultation online.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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