H1B Visa Premium Processing

H1B Visa Premium Processing

Premium processing provides expedited processing for certain eligible applications for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker, for a fee.
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What is the H1B Premium Processing Service?

As the name suggests, the H1B Premium Processing Service allows a faster processing time after the H1 visa petition is received. The U.S. Citizenship and Immigration Service (USCIS, formerly the INS) guarantee that it will process the visa petition within 15 days under this service.

What are the Fees for the H1B Premium Processing Service?

There is a hefty fee that is required to be paid when your petitioner is applying for the premium processing service.

The current H1B Premium Processing fee is $2,500.

Here are all of the current fees for visa Premium Processing as of October 2022:

  • $2,500 if you are filing Form I-129 requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification.
  • $1,500 if you are filing Form I-129 requesting H-2B or R nonimmigrant classification.
  • $2,500 if you are filing Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification.

These fees are in addition to all other filing fees required by the application or petition you are submitting. If you are paying by check, please make it payable to U.S. Department of Homeland Security.

Who Can Apply for H1B Premium Processing and How?

Only your employer or petitioner can apply for this service. As an individual you cannot apply for the service.
Your employer must complete Form I-907 (Request for Premium Processing) and pay the current premium processing fee of $2,500 for H1B visas. The fee should be paid by a separate check and under no circumstances be combined with the regular processing fee otherwise, your application will be rejected.
Dependent family members filing concurrently with the primary applicant for this service do not have to pay any additional fee. This means that if your spouse/children are on the dependent visa and you are filing a petition with the premium processing service, your employer does not have to pay the premium processing fee for them.

Where Can My Employer File for H1B Premium Processing?

The Form I-907 provides addresses of Service Centers. Your petition for premium processing should be filed at the appropriate Service Center. The 15-day processing period begins when the USCIS identifies your request for premium processing.

Will the USCIS Waive the $2,500 Fee Under Special Circumstances?

No, the H1B premium processing fee $2,500 fee is fixed and cannot be waived for any reason. However, if the USCIS is unable to complete the H1B premium processing time, within 15 days, the entire fee will be refunded.

In Addition to H1B Petitions, Which Other Petitions May Request Premium Processing Service?

Only Nonimmigrant Worker petitions may file for premium processing service, including the following petitions:

  • E1 Treaty Trader
  • E2 Treaty Investor
  • H1B Temporary Workers in Specialty Occupations
  • H2A Agricultural Worker
  • H2B Temporary Worker
  • H3 Trainee
  • L1 Intra-company Transferees
  • O1 and O-2 Aliens of Extraordinary Ability or Achievement
  • P1, P2 and P3 Athletes and Entertainers
  • Q1 International Cultural Exchange Aliens
  • R1 Temporary Workers in Religious Occupations
  • TN NAFTA Professionals

Under Which Circumstances Can the USCIS Expedite the Processing Time of Form I-129, Excluding the Premium Processing Service?

The USCIS allows for expedited processing under the following circumstances:

  • Severe financial loss to a company or individual
  • Extreme emergency
  • Humanitarian situation
  • Department of Defense or national interest situation
  • USCIS error

When Does USCIS Begin Premium Processing for H1B Petitions?

Each year USCIS announces when it begins premium processing for H1B visas. After USCIS begins filing cap-subject H1B petitions, it will begin premium processing for those petitions who have requested premium processing.

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