The I-907 is an application for employment-based visa applicants who are looking to expedite their cases with the USCIS. Specifically, the I-907 is an application that sends a request to the agency in order for USCIS to premium process the prospective employees' application. Employment applicants might want to have their applications premium processed because the employer is intending for he/she to start on a specified date, and therefore speed up consular processing. Other employers might choose premium processing because they can afford the fee, and believe that it is worth it instead of having to wait months on end for the USCIS to approve or decide on the case of an applicant.
How Long Does Premium Processing Take?
If you pull up the electronic link to USCIS I-140 processing times, you can see why the option to premium process is an attractive one. For example, judging by the Nebraska Service Center, EB-2 and EB-3 applicants have an estimated wait time of 5-7 months in order to have their employment petitions finalized.
By contrast, premium processing allows applicants to speed this process up. The USCIS states on their website, “Specifically, we guarantee processing within 15 calendar days to those who choose to use this service, or we will refund the premium processing service fee and will continue with expedited processing” (USCIS, 2021).
It is important to know that only the petitioner can request a premium processing application, and that in most cases the beneficiary cannot request the service. However, this usually works through correspondence between the petitioner and beneficiary, so that both sides are in understanding for what is going to happen with the visa petition.
In addition, the premium processing request (I-907) must either be filed with the two forms that it is applicable with: The I-129, Petition for a Non-Immigrant Worker, or the I-140, Petition for an Alien Worker.
The USCIS rejects premium processing applications that are not filed correctly—for example, if you send the I-907 as a standalone document and do not attach it to the petition upon mail in.
As mentioned, the filing fee for the I-907 is expensive, and typically this procedure is done with major companies who can afford to premium process a visa petition on behalf of a non-citizen. The fees are as follows:
$2,500 if you are filing an I-129 requesting a non-immigrant work request.
$2500 if you are filing an I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification.
The USCIS states on their website, and as a part of their policy, that either petitioner, beneficiary, or other representative (attorney) may pay the premium processing fee. In other words, a prospective employer upon reading this may ask the beneficiary if they are willing to pay a premium processing fee. Those seeking an employment-based visa to the United States will need to decide if such a large is worth their time or not.
Finally, premium processing is not available for every single type of employment-based visa option. For example, EB-2 National Interest Waiver applicants cannot file for premium processing with their application. The processing is also not available for EB-1 Multinational Executives or Manager applications.
For a full list of applications where premium processing has been re-instated, please see the following link and scroll down to the “Who is Eligible?” section: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing