i-907 Request for Premium Processing Service

The U.S. Citizenship and Immigration Services (USCIS) announced that the filing fee for premium processing will increase from $1,225 to $1,410, beginning on October 1, 2018.  According to USCIS, this 15% increase in price is in step with inflation since DHS last adjusted premium processing rates in 2010 and will allow USCIS to more effectively adjudicate petitions and maintain service to petitioners.  The new rule was published in the Federal Register on August 31, 2018.

Premium processing is an optional expediting service that is currently authorized for certain employment-based petitioners filing Forms I-129 or I-140.  The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.  Under premium processing, USCIS has 15 days to process these specific types of employment-based immigration benefit requests.  Without premium processing, adjudication can take upwards of 4 months.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits.  Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore.  “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is available for certain employment based nonimmigrant visas, including H-1Bs, L-1s, O-1s and Ps, as well as some employment base permanent residency categories.  Earlier this year, USCIS suspended premium processing for all H-1B petitions subject to the annual quota on H-1 visas (i.e. “cap cases”).  This suspension was initially slated to end on September 10, 2018, but USCIS has now pushed that date back to February 19, 2019.  Additionally, USCIS also announced that, as of September 11, 2018, it will expand the suspension to include H-1B petitions seeking to amend existing H-1B status, to request a change of employer, or to change status.  Only H-1B petitions seeking an extension of status (with no change in circumstances or employer) or H-1B petitions filed under the H-1B Cap Exemption will be able to file under premium processing beginning September 10, 2018.  In the absence of premium processing, USCIS may take four to six months (or longer) to complete the processing of an H-1B petition.

Employers and employees alike will have to take into consideration the impact of processing times and increased fees when planning to file nonimmigrant and immigrant visa petitions.  The unavailability of premium processing can impact the timing of employment and prolong restrictions on international travel.

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Alka Bahal is a Partner and the Co-Chair of the Immigration Practice of Fox Rothschild LLP, specializing in corporate immigration law and compliance.  Alka is situated in Fox Rothschild’s Morristown, New Jersey office though she practices throughout the United States and at Consulates worldwide.  You can reach Alka at (973) 994-7800, or abahal@foxrothschild.com.

On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting premium processing requests for all categories of H-1B petitions.  In March 2017, USCIS had suspended the premium processing program for H-1B petitions, citing the need to reduce its overwhelming processing backlog. Over the past several months, USCIS phased in premium processing for certain limited categories of H-1B petitions.  USCIS’s latest announcement allows employers to file any type of H-1B petition, including those seeking extension of stay or change of status, under Premium Processing and also allows employers to convert any such pending petitions to premium processing.

Under USCIS’ premium processing service, petitions are adjudicated within a 15 day calendar days for an additional government filing fee of $1,225 instead of the current regular processing time of 4-5 months.

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Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP. Alka is situated in Fox Rothschild’s Morristown, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or abahal@foxrothschild.com.

The US Citizenship and Immigration Service (USCIS) announced today, July 24, 2017, that it will again expand its resumption of premium processing for certain types of H-1B petitions.

Effective immediately, H-1B petitioners who are (or have a sound argument that they are) exempt from the H-1B cap, are eligible to request premium processing.  This includes petitioners that are:

  • An institution of higher education,
  • A nonprofit related to or affiliated with an institution of higher education, or
  • A nonprofit research or governmental research organization.

In addition, USCIS stated that it will resume premium processing for petitions that may be exempt “if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.”

This welcome news comes about a month after USCIS resumed premium processing of H-1B petitions for physicians under Interested Government Agency (IGA) J-1 waiver programs such as the Conrad 30 waiver program for shortage area physicians.  Employer’s petitioning for H-1B status for IGA-Waivered physicians became eligible for premium processing on Monday, June 26, 2017.

You may recall that when USCIS announced in March 2017 that is was suspending premium processing for H-1B petitions, the agency said that it expected to resume premium processing of H-1B petitions in general by early October 2017.  In today’s announcement, USCIS indicated that it will further “resume premium processing of other H-1B petitions as workloads permit.”  So it appears that USCIS is on its way toward meeting the October time-frame.

Until then, USCIS will continue to reject any Form I-907 Request for Premium Processing filed with non-eligible H-1B petitions.  Petitioners who aren’t eligible for premium processing, may of course, seek expedited processing based on such things as humanitarian reasons.

Good news.  The Immigration Service (USCIS) announced that starting today, July 13, 2015, it will again accept premium processing requests (Form I-907 Requests for Premium Processing Service) for H-1B extension of stay petitions.

This is ahead of schedule because USCIS had estimated that H-1B extension of stay premium processing would be temporarily suspended until July 27, 2015, due to the need to devote resources to the processing of applications for H-4 work authorization (EADs for certain H-4 Dependent Spouses).

Beginning today, a newly filed H-1B extension of stay petition may again include a premium processing request, and a pending H-1B extension of stay petition may be “upgraded” with the filing of an appropriate I-907 Request for Premium Processing Service.

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Ms. Wadhwani is a partner in the Immigration Practice Group at Fox Rothschild LLP and may be reached at cwadhwani@foxrothschild.com.