What Is Premium Processing?
Premium processing is an optional service that guarantees faster USCIS adjudication. By filing Form I-907 and paying the premium fee, petitioners receive a commitment that USCIS will take action within 15 business days.
The 15-day guarantee covers initial action, not necessarily a final decision. USCIS may approve the petition, deny it, or issue a Request for Evidence or Notice of Intent to Deny. All of these outcomes satisfy the 15-day commitment because USCIS has taken action on the case.
Premium processing is available for most H-1B petition types including initial petitions, transfers, and extensions. USCIS occasionally suspends premium processing for specific categories when workload requires, so verify availability before planning to use it.
What Happens If USCIS Misses the 15-Day Deadline?
If USCIS fails to take action within 15 business days, the premium processing fee is refunded. This refund is automatic, and the petitioner does not need to request it.
The refund does not affect the pending petition. USCIS continues processing the case under premium processing rules, just with the fee returned. In practice, USCIS rarely misses the deadline, and refunds are uncommon.
Some petitioners misunderstand this guarantee as meaning approval within 15 days. The guarantee is only that USCIS will do something with the case, not that the outcome will be favorable.
How Long Does Regular Processing Take?
Regular processing times vary significantly based on case type, filing location, and current USCIS workload. The USCIS processing times page provides current estimates organized by form type and service center.
For H-1B petitions, regular processing typically ranges from two to eight months. Some service centers process cases faster than others, but petitioners cannot choose which service center handles their case.
Processing times can change substantially over time. Periods of high filing volume, staffing changes, or policy updates can lengthen processing. Checking current times before filing helps set realistic expectations.
Why Do Regular Processing Times Vary So Much?
USCIS processes cases in roughly the order received, but many factors affect how quickly individual cases move through the system. Complex cases requiring additional review take longer. Cases with missing information get delayed while USCIS requests clarification.
Service center workload distribution also affects timing. Different service centers handle different geographic regions and case types. Some centers may have backlogs while others process more quickly.
Policy changes and new guidance can temporarily slow processing as adjudicators adapt to new requirements. Major immigration policy shifts sometimes create processing delays across the system.
Does Premium Processing Improve Approval Chances?
No. Premium processing only affects speed, not the substance of adjudication. USCIS applies identical standards regardless of whether a petition uses premium or regular processing.
The same officers using the same criteria evaluate both premium and regular cases. Premium processing does not mean your petition receives more favorable treatment, different reviewers, or relaxed standards.
Some petitioners believe that paying more signals a serious case deserving approval. This is incorrect. The fee purchases faster processing, nothing more. A weak petition will be denied just as quickly under premium processing as it would eventually be denied under regular processing.
Can Premium Processing Hurt Your Case?
Premium processing does not harm your case substantively, but it can create challenges if you are unprepared for a quick decision. If USCIS identifies problems and issues an RFE within 15 days, you must respond while still gathering documentation you expected to have months to compile.
The speed of premium processing means less time to identify and fix issues before a decision. Under regular processing, events during the processing period might resolve concerns. Under premium processing, the decision comes before circumstances change.
For petitions with known weaknesses or complications, some attorneys prefer regular processing to allow more time for documentation gathering or circumstance changes.
What Does Premium Processing Cost?
The current premium processing fee is $2,805. This fee is paid in addition to the standard H-1B filing fee, ACWIA fee, fraud prevention fee, and any other required fees.
The total cost for an H-1B petition with premium processing varies based on employer size and petition type, but commonly ranges from $4,000 to $6,000 in government fees alone. Attorney fees add additional costs.
According to DOL regulations and H-1B rules, employers must pay these government fees. Beneficiaries cannot reimburse employers for H-1B filing costs including premium processing fees.
Who Pays for Premium Processing?
The employer must pay premium processing fees. This is consistent with the general H-1B rule that employers bear filing costs. Requiring beneficiaries to pay or reimburse these fees violates H-1B program rules.
Some employers include premium processing as a standard practice for all H-1B filings. Others leave the decision to case-by-case analysis. Some employers offer it only when business circumstances require faster decisions.
The employer's willingness to pay for premium processing is a business decision. Beneficiaries should not pressure employers to use premium processing if the employer prefers regular processing.
When Is Premium Processing Worth It?
Premium processing provides clear value when timing is critical. H-1B transfers where the beneficiary needs to start work quickly benefit from premium processing. Petitions filed close to status expiration dates where delays could cause gaps also benefit.
Cap-subject H-1B petitions often use premium processing because employers want to know the outcome before making long-term employment plans. Waiting months for a decision on a new hire creates uncertainty for both parties.
Extensions filed when current status is expiring soon may require premium processing to avoid work authorization gaps. While the 240-day extension rule provides some protection for pending extensions, employers often prefer the certainty of a quick decision.
When Is Regular Processing Acceptable?
Regular processing works well when there is no urgency. Petitions filed well before status expiration, employment changes that do not need immediate decisions, or situations where the employer prefers to minimize costs all suit regular processing.
Some employers use regular processing as the default and reserve premium processing for genuinely time-sensitive situations. This approach controls costs while maintaining the option to upgrade if circumstances change.
Petitions with potential issues may benefit from regular processing. The additional time allows for gathering supplemental evidence, addressing concerns proactively, or waiting for circumstances to improve.
What Happens After an RFE Under Premium Processing?
If USCIS issues a Request for Evidence, the 15-day premium processing clock pauses. You typically have 30 to 90 days to respond to the RFE. Once your response is received, a new 15-day clock begins.
This means the total timeline for cases receiving RFEs can extend well beyond the initial 15 days. A petition that receives an RFE on day 14, followed by a 60-day response period, could take over 75 days even with premium processing.
The RFE response period runs regardless of premium processing status. Premium processing does not shorten your time to respond or change how USCIS evaluates your response.
Can You Upgrade from Regular to Premium Processing?
Yes. Petitioners can upgrade a pending regular processing case to premium processing at any time by filing Form I-907 with the premium fee. The 15-day clock begins when USCIS receives the upgrade request.
This flexibility allows petitioners to start with regular processing and upgrade later if circumstances change. A new business need, approaching status expiration, or simply impatience with delays can all justify upgrading.
The upgrade does not affect anything already submitted. Your original petition remains intact, and USCIS simply accelerates its review based on the premium processing request.
