Premium Processing

[b4byd09 0]

May the beneficiary of a visa petition seek Premium Processing Service?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the visa petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the visa petitioner, may request Premium Processing Service for designated visa petition adjudications. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing fee, but the beneficiary cannot sign or file the Form I-907.

How do I verify that I am using the current version of the form?

Check the USCIS website at Immigration Forms, above, for the most up-to-date information as well as the most current version of Form I-907 which is available for download.

If you are already in possession of a Form I-907, please use the Form I-907 webpage (in the Related Links section of this page) to verify that your version of Form I-907 is still current. This can be done by comparing the Forms and Fees webpage which includes the “edition” date that USCIS is currently accepting and the edition date on your Form I-907. The edition date, which is referenced as (Rev. xx/xx/xx) is located in the lower right corner on every page of the form and instructions. If the edition date on your Form I-907 matches the date or dates, if applicable, on the Forms and Fees webpage, your version of Form I-907 is current and will be accepted by USCIS. If there is a designation “N” shown after the edition date on the Forms and Fees webpage, please note that USCIS will not accept any other editions of the form.

How do I file a request for Premium Processing Service?

You must complete and sign Form I-907, Request for Premium Processing Service, in accordance with the instructions on the current version of the form. You must file the concurrently filed Form I-907 with Form I-129 or Form I-140 at the Service Center designated as the appropriate filing location on the instructions to the Form I-907. If you filed Form I-129 or the Form I-140 and you now wish to request Premium Processing Service, file Form I-907 with the Service Center where the Form I-129 or Form I-140 is currently pending. Submit a copy of the Form I-129 or Form I-140 filing receipt. If you received a transfer notice, it is very important that you include a copy of it and that you submit your filing to the transfer location. If a petitioner or applicant erroneously filed a concurrent or standalone Form I-907 relating to a Form I-129 or standalone relating to a Form I-140 petition at the wrong service center, USCIS will not reject the filing, but instead will forward the filing to the correct service center having jurisdiction over the petition or application. For these incorrectly filed Forms I-907, the 15 calendar day period will start on the date the file is received at the correct service center as indicated in the Form I-907 filing instructions. Any Form I-907 premium processing requests that are filed concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition will be rejected by USCIS.

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. Effective June 16, 2008, USCIS will accept premium processing service requests for Form I-140 Petitions, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:

Are currently in an H-1B nonimmigrant status

Will reach the end of the 6th thear of H-1B status within 60 days;

Are only eligible for a further extension of H-1B nonimmigrant status under section 104© of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21); and

Are ineligible to extend their H-1B status under section 106(a) of AC21.

USCIS will accept Form I-907, Request for Premium Processing Service, either together with the Form I-140 petition or after the filing of the Form I-140 petition through the mail only. E-filing the Form I-907 will not be available. To facilitate USCIS' determination of whether a particular filing meets the conditions of availability for the service, see 8 CFR 103.2(f)(2), petitioners can submit with the Form I-907:

A copy of the alien beneficiary's Form I-94, Arrival/Departure Record reflecting current H-1B nonimmigrant status;

Copies of all Forms I-94 and I-797 H-1B or L approval notices that have been issued on his or her behalf;

A copy of the relating Form I-140 petition receipt notice, if the Form I-140 was previously filed, and;

A copy of the labor certification approval letter issued by the Department of Labor if filing under EB-2 or EB-3 classifications.

Form I-907 premium processing service requests may be rejected if the filing fails to clearly establish the conditions of availability and/or is:

Incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition, or

Submitted to request premium processing service for an alien beneficiary who is eligible to extend his or her H-1B nonimmigrant status under AC21 §106(a) as of the date of that the Form I-907 is received by USCIS.

Premium Processing Service is available for the select category of cases noted above for the Form I-140 classifications indicated on the chart above provided that the case does not involve:

A second filing of a Form I-140 petition while an initial Form I-140 remains pending;

Labor certification substitution requests; and

Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of Labor).

USCIS is prescribing these additional conditions of availability on Premium Processing for Form I-140 because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.

What is the fee for this service?

The fee for this service is $1,000. The Premium Processing Service fee may not be waived. In addition to the Premium Processing Service fee, all other filing fees relating to the specific form(s) for which you are requesting Premium Processing Service must also be submitted. The Premium Processing Service fee must be submitted in a separate check or money order. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907. If e-filed, USCIS accepts credit card, debit card, or electronic transfer of funds from a checking or savings account from a U.S. bank.

Are there any additional benefits to the program?

Yes. USCIS has provided not only a unique mailing address for its Premium Processing Service customers, but it has also established a special phone number and e-mail address for each of the Service Centers. These special communication channels will be available only to Premium Processing Service customers.

USCIS is also collecting, on the Form I-907, your phone number, fax number and e-mail address so that we can send you (the petitioner or attorney) an automatic e-mail notifying you of the receipt of your Form I-907, Request For Premium Processing Service. If the underlying form for which you requested Premium Processing Service is approved, we will send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.

In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.

Does this program have any effect on the USCIS’ previous expedite practices?

Yes. The discretionary expedite requests will no longer be available for those classifications designated as eligible for Premium Processing Service; however, petitioners designated as not-for-profit entities by the Internal Revenue Service may continue requesting discretionary expedited service as they have in the past or they may choose to pay the Premium Processing fee and utilize that service. If the criteria for a discretionary expedite are not met, the not-for-profit petitioner still has the option of requesting of Premium Processing upgrade by filing Form I-907 with fee.

How will the USCIS manage those categories that have an annual limit in relation to this faster processing?

USCIS does not believe that individuals who pay for Premium Processing Service on petitions filed for nonimmigrant classifications that are subject to annual limitations will have an unfair access to these limited immigration programs.

For cap-subject H-1B and H-2B petitions, USCIS will apply a random selection process to all petitions (whether or not Premium Processing Service is requested) received on the date when a sufficient number of petitions have been received to reach the applicable numerical limit (“final receipt date”). Petitions that are accepted through this random selection process are adjudicated to completion. For H-1B cases, USCIS will return the fees to the petitioner and hold the cases that were filed ON the cut-off day but were not selected in the random process. This way, if USCIS does not use all of the projected H-1B1 Singapore/Chile cap cases (which count towards the H-1B cap), additional H-1B cap cases will be taken in order from the list of cases that were held. Those petitioners will then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.

Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day are rejected along with the fees. Unlike the H-1B cap cases, there is no need to hold the H-2B cap cases that were not selected because there are no special provisions that apply to the H-2B cap cases like there are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.

In order to ensure equitable access to other cap-subject nonimmigrant classifications to which USCIS does not currently apply a random selection process, USCIS will temporarily terminate the availability of Premium Processing when it becomes clear that the demand will exceed the annual numerical limitation (e.g., when the USCIS has a pending volume of petitions sufficient to reach the limitation). This termination of procedure will ensure that all petitioners have equitable access to these limited immigration programs.

Can I contact a USCIS Service Center if I have not filed a request for Premium Processing Service yet but have questions about the program?

No, you cannot contact the Service Centers directly unless you have already filed Form I-907, Request for Premium Processing Service, for the underlying Form I-129 or Form I-140. The Premium Processing toll-free phone number and e-mail addresses listed on Form I-907 are dedicated only to customers who have already submitted a request for Premium Processing Service. If you have not requested Premium Processing Service, you can call the Customer Service toll free phone number at (800) 375-5283 for general information about the program.

How do I contact the Service Center concerning the Premium Processing request that I filed?

The unique mailing address for each of the Service Centers is listed on the instructions to the Form I-907. Additional contact information for each Service Center will be provided to you on your receipt notice and will also be provided on this Website.

If you have already filed a Request for Premium Processing Service and you need to contact the Service Center, call the Premium Processing Toll Free phone number at 1-866-315-5718. You will need to have your receipt number when you call, because this phone number is only for inquiries relating to Premium Processing Service.

How can I get the results of the adjudication faster?

You can include a postage paid and self-addressed courier delivery slip with the Premium Processing Service request and it will be used to return the results of the adjudication.