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  • Premium Processing

    Premium Processing is an optional service offered by USCIS (U.S. Citizenship and Immigration Services) that expedites the processing of certain types of applications for an additional fee.

    USCIS offers this service for certain types of applications listed below (typically H-1B, L-1, O-1, and some green card types) for which it commits to expedited processing in exchange for an additional fee. It is not available for all types of applications. There is no premium processing option for family-based immigration petitions (I-130), citizenship applications (N-400), etc.

    The basic commitment is as follows: USCIS will issue a decision or take other action (e.g., Approval Notice, Denial Notice, Request for Evidence (RFE), or Notice of Intent to Deny) within 15 business days of receiving the application and payment.

    If no response is received within 15 days: USCIS will refund the premium processing fee (but not the regular application fee), and your application will still be processed expeditedly.

    The processing time, which normally takes months or even years, is significantly reduced with Premium Processing. It is fast for RFEs (Requests for Evidence). That is, if an RFE is issued, a final decision is made within 15 days of USCIS receiving your response.

    The employer and employee can plan start dates, transfers, or project dates with certainty. Reducing Uncertainty and Stress: The stress and financial uncertainty caused by long waits are eliminated.

    For Which Applications Is It Suitable? (Form Types)

    Premium Processing is available for certain categories of I-129 and I-140 forms. It also covers some green card application stages.

    1. Work Visa Applications (Form I-129):

    H-1B: Specialty occupations.

    H-2B: Nonagricultural temporary workers (seasonal jobs, etc.).

    H-3: Trainees or persons receiving specialized training.

    L-1: Managers, executives, or specialized knowledge employees subject to intracompany transfer.

    O-1: Persons with extraordinary ability.

    TN: NAFTA professionals (Mexican and Canadian citizens).

    E-1/E-2: Treaty Trader and Investor Visa.

    1. Immigrant (Green Card) Employment-Based Applications (Form I-140):

    EB-1: Persons of extraordinary ability, outstanding professors/researchers, multinational executives.

    EB-2: Professionals with advanced degrees or individuals with extraordinary abilities (excluding National Interest Waiver – NIW).

    EB-3: Professionals, skilled and unskilled workers.

    Premium Processing Fee (unchanged as of 2024)

    This fee is paid in addition to the regular filing fee and is non-refundable (unless USCIS does not respond within 15 days).

    2026 Premium Processing Fees (USCIS)

    Application Type / Form Premium Processing Fee (USD)
    Form I-129 – Most H / L / O / P / TN Categories       $2,965
    Form I-129 – H-2B or R-1 Categories       $1,780
    Form I-140 – Immigrant Worker Petitions (EB-1 / EB-2 / EB-3, etc.)       $2,965
    Form I-539 – Change or Extension of Status (F / M / J, etc.)       $2,075
    Form I-765 – Premium Processing for Employment Authorization (OPT / STEM OPT, etc.)       $1,780

     

    USCIS policies and fees may change periodically, and each individual case in the immigration process is unique. It is important to seek professional assistance to accurately interpret current practices and determine the strategy that best suits your situation.

    Schedule a Consultation

    Contact the Law Offices of Metin Serbest to learn more about Premium Processing options, current USCIS policies and fees, and whether expedited processing is available or appropriate for your specific immigration case.