In response to the ongoing application backlog that is affecting many immigrants and non-immigrants in the U.S. seeking an immigration benefit, the USCIS has decided to expand their premium processing program. For those who are unfamiliar, premium processing is a service that is available and allows certain applicants receive an expedited case processing time that wouldn’t normally be available to those who are awaiting a USCIS decision.
Specifically, premium processing service guarantees 15 calendar days of processing time once the Form I-907 has been completed and filing fees have been paid. The biggest reason that many employers do not go ahead with premium processing is because of the cost associated with this application and process. If you look at the USCIS link for the I-907 Form, you can see that the filing fee is anything but cheap. For non-immigrant employment-based petitions, the fee is $2500. Likewise, if you are filing an immigrant employment-based petition (EB-1, EB-2, EB-3), the filing fee is also $2500.
New Services
In addition to employment based petitions, the USCIS is now seeking to add two new categories of forms to the premium processing service. These will be the Form I-539, Application to Extend/Change Non-Immigrant Status, as well as the more common work permit authorization form, the I-765.
In their memo, the USCIS has not specifically noted when premium processing will become available for each of the above mentioned forms, but rather that each of these forms will be part of a phased approach in fiscal year 2022. Given that we are almost half way through the year, it is possible that the USCIS will announce premium processing services for these forms relatively soon.
Additionally, the USCIS mentions that if the agency is not able to complete the premium processing with 15 days, they will refund the applicant/employer their filing fee, while still finishing adjudicating the application.
