Premium Processing for I-140

I heard that you can expedite the processing of I-140 employment-based petitions. Is that true?

Yes. You can expedite the processing of I-140 employment-based petition by filing Form I-907 and paying an additional fee of $1,000. It’s called “Premium Processing.”

How does it work? Can I request Premium Processing even after the I-140 has already been filed?

The request for Premium Processing for I-140 employment-based petitions can be filed either concurrently with the I-140 or after the I-140 has already been filed. Except for self petitions, only the petitioning employer or the attorney of record of the I-140 can file the Form I-907 to request premium processing. I-140 beneficiaries cannot file the request. Once the request for premium processing is filed, the USCIS guarantees that the petition will be processed in 15 calendar days, or it will refund the premium processing fee.

Does it cover all employment-based I-140 petitions?

No, it does not. Certain employment-based categories such as EB-1(c) Multinational Executives or Managers, EB-2 National Interest Waiver, EB-4 Special Immigrants and EB-5 Investors are not eligible for Premium Processing at this time.

Is it true that by using the Premium Processing service one can get my greencard sooner?

Premium processing only expedites the I-140 petition, the underlying eligibility of permanent residence. It does not accelerate the process of I-485 Adjustment of status application or immigrant visa application at the U.S. consulate. The question of how soon one can be approved a greencard depends on a number of factors such as visa availability, visa categories, priority date, administrative delays, or any grounds of inadmissibility.

So what are the advantages of using Premium Processing service?

First, one can obtain a decision in 15 calendar days as opposed to 4 months or more, which, in some instances, is extremely critical. For someone who is nearing their limit of H or L stay but has no labor certificate or I-140 filed more than 365 days prior, having an approved I-140 will allow him or her to request for a 3 year extension under the provision of AC21. Second, in some employment-based categories such as EB-1 Individuals with Extraordinary Ability and Outstanding Professor or Researcher, in which USCIS exercises considerable discretion in adjudicating these types of petitions, a definitive decision will certainly be beneficial. Lastly, for anyone applying for immigrant visa at a U.S. consulate, premium processing will shave a few months off the normal processing time.

I heard that petition filed using Premium Processing service is subject to greater scrutiny?

Based on some users’ experiences this may seem true but there is no statistics or fact supporting such claim. However, it seems that in some employment-based categories in which USCIS exercises considerable discretion in adjudication, more Requests for Evidence (RFE) have been issued. One should consult an immigration attorney to weigh the pros and cons of using Premium Processing specific to his or her own circumstances.