Section A: What is USCIS Premium Processing?
Premium processing is a service offered by USCIS to expedite the time it takes to take adjudicative action on a qualifying petition or application. When filing a qualifying petition or application with USCIS, having the ability to pay for faster action can be important, particularly where time is tight and standard processing is expected to take months. Equally, every day saved in waiting time can make a difference when applying for employment authorization.
Nonimmigrant visas include various petition-based visas for temporary work, where a prospective US employer or US agent first files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS before the beneficiary applies for a visa at a US embassy or consulate. Processing times for an employment-based nonimmigrant petition vary by classification, service center and workload and can change quickly. In some cases, decisions are issued relatively quickly. In others, cases take far longer.
For applications to extend stay in the US or to switch into a different category of nonimmigrant status using Form I-539 (Application to Extend/Change Nonimmigrant Status), or Form I-129 where applicable, standard processing commonly takes several months. In many cases, when applying for employment authorization to undertake paid work in the US, processing times are also typically measured in months.
When applying for an employment-based immigrant petition with USCIS, the timeline can be longer and varies significantly by category and workload. The petition stage is only one part of the overall path to permanent residence, and later steps may be handled outside USCIS depending on the route and where the applicant is located.
Section B: When can you use USCIS Premium Processing?
Form I-907 can be used to request USCIS premium processing for a defined and limited set of petitions and applications. Premium processing is only available where USCIS has formally designated the specific form type and classification as eligible. Eligibility is classification-specific and can change over time, so it is important to check current USCIS guidance before filing.
Premium processing is currently available for the following forms, where the relevant classification qualifies:
- Form I-129 (Petition for a Nonimmigrant Worker)
- Form I-140 (Immigrant Petition for Alien Workers)
- Form I-765 (Application for Employment Authorization) for certain classifications
- Form I-539 (Application to Extend or Change Nonimmigrant Status) for certain classifications
These forms can cover a range of classifications, including E, H, L, O, P, Q, R and TN. Premium processing is only available where USCIS has designated the specific classification as eligible. For applicants seeking to change to F, M or J status, premium processing may be requested in connection with a pending Form I-539 by filing Form I-907. Applicants who do not yet have a pending Form I-539 may file Form I-539 together with Form I-907 where premium processing has been made available for that category.
For other types of application, including Form I-485 (Application to Register Permanent Residence or Adjust Status), premium processing is not available. In limited circumstances, it may be possible to request discretionary expedited processing through the USCIS Contact Center, but this is separate from premium processing and is not guaranteed.
Where Form I-539 or Form I-765 was filed online, USCIS expects Form I-907 to be filed online for that same case where online I-907 filing is available. Where the underlying Form I-539 or Form I-765 was filed by paper, Form I-907 should also be filed by paper. USCIS expects consistency in filing channels, and a mismatch can lead to rejection or delay.
| Form | Who can use it | Premium clock |
|---|---|---|
| I-129 | Petitioners for designated E, H, L, O, P, Q, R and TN classifications | 15 business days |
| I-129 (H-2B / R-1) | Petitioners for H-2B or R-1 | 15 business days |
| I-140 (most EB) | Employment-based immigrant petitions in EB-1, EB-2 and EB-3 | 15 business days |
| I-140 (EB-1C / NIW) | EB-1C multinational executives or managers and EB-2 national interest waiver applicants | 45 business days |
| I-765 (F-1 only) | F-1 students applying for OPT or STEM OPT | 30 business days |
| I-539 (change to F/M/J) | Applicants changing status to F-1 or F-2, M-1 or M-2, J-1 or J-2 | 30 business days |
| Not eligible | I-485, most other I-765 categories, family-based forms and naturalization | N/A |
Section C: USCIS Premium Processing Times
The premium processing timeframe depends on the type of petition or application and the specific classification. When premium processing is available and properly requested, USCIS guarantees that it will take adjudicative action on the case within the applicable business-day period or refund the premium processing fee.
The guaranteed timeframes are as follows:
- 15 business days for most eligible Form I-129 petitions and most eligible Form I-140 immigrant petitions
- 30 business days for Form I-765 applications filed by F-1 students seeking OPT or STEM OPT employment authorization
- 30 business days for Form I-539 applications requesting a change of status to F, M or J nonimmigrant status, including dependents
- 45 business days for Form I-140 petitions filed under the EB-1C multinational executive or manager category and the EB-2 national interest waiver category
The premium processing guarantee relates to USCIS taking an action on the case, not to approval of the petition or application. An adjudicative action can include approval, denial, a request for evidence, a notice of intent to deny or a referral for further review.
The applicable premium processing period begins when USCIS receives a properly completed Form I-907 at the correct filing location, together with the correct fee. For Form I-539 cases, the premium processing clock does not start until any required biometrics appointment has been completed.
If USCIS issues a request for evidence or a notice of intent to deny, the premium processing clock stops. Once USCIS receives a complete response, a new premium processing period begins based on the classification and form type.
Are USCIS premium processing times guaranteed?
Premium processing guarantees that USCIS will take one of the required adjudicative actions within the applicable business-day timeframe. It does not guarantee approval, nor does it guarantee that the case will be resolved without additional questions or follow-up.
If USCIS does not take an adjudicative action within the required premium processing period, it should refund the premium processing fee. The underlying case will continue to receive expedited handling until USCIS issues an action. The refund applies only to the premium processing fee and does not extend to any other filing fees paid.
USCIS standard processing times
USCIS publishes estimated standard processing times for many forms and classifications through its online “Check Case Processing Times” tool. These estimates are based on recently completed cases and provide a planning benchmark rather than a guaranteed timeline.
To use the tool, applicants select the relevant form, form category and the USCIS service center or field office handling the case. Where an application has already been filed, the receipt notice identifies the processing location. Processing times can vary significantly depending on workload, staffing levels and case complexity.
The published processing times reflect how long USCIS took to complete 80 percent of adjudicated cases over the previous six-month period. The timeframe represents the number of weeks or months between USCIS receiving a case and issuing an approval or denial during that period. Cases that fall outside the 80 percent window may take longer.
Where a particular form or category is not listed in the tool, USCIS generally does not have sufficient recent data to publish an estimate. In those cases, no standard target timeframe applies.
Standard processing times are estimates only. Individual cases are assessed on their own facts and can take more or less time than the published range depending on complexity, background checks or requests for additional evidence.
Section D: USCIS Premium Processing Costs
USCIS charges a separate fee to request premium processing by filing Form I-907. This fee is paid in addition to all other filing fees required for the underlying petition or application and cannot be waived.
Premium processing fees are subject to statutory, biennial inflationary adjustment. USCIS last increased the fees in February 2024 and has confirmed a further increase effective for Form I-907 requests postmarked on or after March 1, 2026. Any Form I-907 filed on or after that date with the incorrect fee will be rejected and the premium processing fee returned.
As of today, the following fees apply, with the increased amounts taking effect from March 1, 2026.
| Form | Eligible category or use | Current premium fee | Premium fee from March 1, 2026 |
|---|---|---|---|
| I-129 | E-1, E-2, E-3, H-1B, H-3, L-1, O-1 or O-2, P, Q, R, TN | $2,805 | $2,965 |
| I-129 | H-2B or R-1 only | $1,685 | $1,780 |
| I-140 | EB-1, EB-2, EB-3, including EB-1C and EB-2 NIW | $2,805 | $2,965 |
| I-765 | F-1 OPT and STEM OPT categories (C)(3)(A), (C)(3)(B), (C)(3)(C) | $1,685 | $1,780 |
| I-539 | Change of status to F-1 or F-2, M-1 or M-2, J-1 or J-2 | $1,965 | $2,075 |
| I-485 | Adjustment of status | Not eligible | Not eligible |
| Other I-765 | Non-OPT employment authorization categories | Not eligible | Not eligible |
The premium processing fee is paid separately from the base filing fee for the petition or application and must be submitted as a distinct payment. If fees are combined incorrectly or paid in the wrong amount, USCIS can reject the Form I-907 or delay acceptance of the premium processing request.
Premium processing fees are intended to support faster adjudicative action on eligible filings. They do not affect eligibility, do not guarantee approval and do not influence visa number availability or later stages handled by other agencies.
Section E: How to Request USCIS Premium Processing
To request premium processing, Form I-907 (Request for Premium Processing Service) needs to be completed and filed with USCIS together with the correct premium processing fee. The request can be filed at the same time as the underlying petition or application, or it can be filed later to upgrade a case that is already pending, provided USCIS has not yet issued a final decision.
Form I-907 is filed separately from the underlying petition or application and requires its own payment. USCIS processes premium processing requests through different intake systems, and incorrect fee handling can result in the Form I-907 being rejected or delayed. Premium processing fees cannot be combined with other filing fees in a single payment.
The filing location for Form I-907 depends on the form type and classification for which premium processing is being requested. USCIS publishes separate direct filing address guidance for Form I-129, Form I-140, Form I-765 and Form I-539 premium processing requests, and these addresses can change. The correct filing address should always be checked against the current USCIS instructions before submission.
At present, USCIS limits online filing of Form I-907 to specific scenarios. F-1 students requesting premium processing for Form I-765 applications for OPT or STEM OPT, and applicants requesting premium processing for Form I-539 applications to change status to F, M or J, may file Form I-907 online through a USCIS online account. For other eligible filings, including Form I-129 and Form I-140, Form I-907 should be filed by paper.
Where a Form I-539 or Form I-765 was filed online, USCIS expects Form I-907 to be filed online for that same case where online filing is available. Where the underlying case was filed by paper, Form I-907 should also be filed by paper. USCIS expects consistency in filing channels, and mismatches can lead to rejection or processing delay.
Once Form I-907 has been accepted, the premium processing clock will start in line with the rules for the relevant form and classification. For Form I-539 cases, the clock will not start until any required biometrics appointment has been completed.
Section F: Is USCIS Premium Processing Worth Paying For?
Whether USCIS premium processing is worth paying for depends on the applicant’s objectives, deadlines and tolerance for uncertainty. Premium processing provides speed and predictability, not an advantage on the merits of the case. Paying the additional fee secures a guaranteed timeframe for USCIS to take adjudicative action, either 15, 30 or 45 business days depending on the form and classification, but it does not improve approval prospects.
For employers, premium processing is often used where immigration timing affects business operations. This can include confirming start dates for new hires, supporting internal transfers, managing project timelines or avoiding gaps in work authorization. In these scenarios, faster adjudication can provide operational certainty even where the underlying case is strong and likely to be approved under standard processing.
For individual applicants, premium processing can reduce disruption where work authorization, travel or status continuity depends on a timely USCIS decision. This is particularly relevant for F-1 students applying for OPT or STEM OPT, and for applicants changing status where prolonged processing could create uncertainty or limit travel options.
Premium processing does not speed up stages of the immigration process handled by other agencies. It does not create visa number availability for immigrant petitions, does not accelerate consular processing after petition approval and does not influence background checks or security screening. Where timing pressure sits outside USCIS control, premium processing may offer limited practical benefit.
The premium fee is significant and should be viewed as a strategic expense rather than a default choice. In some cases, waiting under standard processing can be sensible, particularly where filing dates are linked to visa bulletin movement or where additional supporting evidence may become available over time. In others, where delay carries financial, operational or personal cost, premium processing can provide valuable certainty.
Section G: Summary
USCIS premium processing is a procedural tool designed to provide timing certainty, not a shortcut to approval. It allows eligible employers and applicants to secure a guaranteed window for USCIS to take action on specific petitions and applications, which can be decisive where start dates, work authorization or project timelines are at stake. At the same time, the service is limited in scope, tightly regulated and increasingly expensive, with further fee increases taking effect from March 2026.
The value of premium processing lies in control rather than outcome. It does not improve the merits of a case, create visa availability or accelerate stages handled outside USCIS. Used well, it can reduce operational risk and personal disruption. Used indiscriminately, it adds cost without solving the real issue. As processing times continue to fluctuate and fees rise, premium processing should be treated as a strategic decision, assessed against the specific timing pressures and risks of each case rather than as a default filing choice.
Section H: Need Assistance?
USCIS premium processing can be a useful tool, but it needs to be used in the right circumstances and filed correctly. Errors in classification, filing channel, fee payment or sequencing can result in rejection, delay or loss of the expected timing benefit.
Our US immigration attorneys advise employers and individuals on when premium processing is available, whether it is strategically worthwhile and how to structure filings to reduce the risk of requests for evidence that can reset the premium clock. For employers, this includes aligning petition timing with start dates, transfers and project milestones. For individual applicants, it includes confirming eligibility, preparing evidence that fits the classification rules and ensuring biometrics and payment issues do not derail timelines.
If you need practical advice on premium processing or wider filing strategy, a fixed-fee telephone consultation with one of our attorneys can help you map the fastest compliant route forward.
Section I: USCIS premium processing FAQs
How long does USCIS premium processing take?
The premium processing timeframe depends on the form and classification. Most eligible Form I-129 and Form I-140 petitions carry a 15 business-day premium window. Form I-765 applications for F-1 OPT and STEM OPT and Form I-539 applications for changes of status to F, M or J carry a 30 business-day window. Form I-140 petitions filed under the EB-1C multinational executive or manager category and the EB-2 national interest waiver category carry a 45 business-day window. The premium clock starts when USCIS accepts a correctly filed Form I-907 and, for Form I-539 cases, after any required biometrics appointment has been completed.
What forms are eligible for USCIS premium processing?
Premium processing is available only for specific forms and classifications designated by USCIS. At present, this includes certain filings of Form I-129, Form I-140, Form I-539 and Form I-765. Eligibility is classification-specific and can change, so applicants should always check current USCIS guidance before filing.
How much does USCIS premium processing cost?
Premium processing fees depend on the underlying form. Current fees apply to Form I-907 requests postmarked before March 1, 2026, with higher fees applying to requests postmarked on or after that date. Premium processing fees are paid in addition to all other filing fees and are not eligible for fee waiver.
Can Form I-907 be filed online?
USCIS allows online filing of Form I-907 in limited scenarios. F-1 students requesting premium processing for Form I-765 OPT or STEM OPT applications and applicants requesting premium processing for Form I-539 changes of status to F, M or J may file online. For other eligible filings, including Form I-129 and Form I-140, Form I-907 is filed by paper.
Can premium processing be added after a case has already been filed?
Yes. Form I-907 can be filed after the underlying petition or application, provided USCIS has not issued a final decision. The Form I-907 must reference the same receipt number as the pending case and include the correct separate premium processing fee.
What happens if USCIS does not act within the premium processing timeframe?
If USCIS does not take adjudicative action within the applicable premium processing period, it should refund the premium processing fee. The case will then continue to receive expedited handling until an action is taken. The refund applies only to the premium processing fee.
Does premium processing guarantee approval?
No. Premium processing guarantees only that USCIS will take an adjudicative action within the required timeframe. A case can still be denied or subject to a request for evidence or notice of intent to deny.
What is the difference between premium processing and an expedite request?
Premium processing is a paid service with a guaranteed action timeframe, available only for designated forms and classifications. Expedite requests are discretionary, free and granted only in limited circumstances, such as urgent humanitarian reasons or significant US government interest.
Can employers or attorneys file premium processing requests?
Yes. A US employer or authorized attorney can file Form I-907 on behalf of a beneficiary, provided they are eligible to do so for the underlying petition or application.
Is premium processing worth paying for?
Premium processing can be worthwhile where timing certainty is critical to employment start dates, project delivery or maintenance of status. Where timing pressure is low and cost sensitivity is high, standard processing may be sufficient.
Section J: Glossary
| Term | Meaning |
|---|---|
| Premium processing | A paid USCIS service that guarantees adjudicative action on designated petitions or applications within a set business-day timeframe. |
| Form I-907 | The USCIS form used to request premium processing for an eligible petition or application. |
| Business-day clock | The premium processing timeframe measured in business days, excluding weekends and federal holidays. |
| Adjudicative action | Any USCIS action that satisfies the premium processing requirement, including approval, denial, a request for evidence or a notice of intent to deny. |
| Request for Evidence (RFE) | A USCIS notice asking for additional information. The premium processing clock stops and restarts when a response is received. |
| Notice of Intent to Deny (NOID) | A USCIS notice indicating an intention to deny unless further evidence is provided. The premium clock restarts after the response is received. |
| Service center | A USCIS processing facility responsible for adjudicating certain petitions and applications. |
| Receipt notice | The USCIS notice confirming filing and providing the case number used for tracking and premium processing upgrades. |
| Biometrics appointment | A fingerprinting and photo appointment. For some premium cases, the clock does not start until biometrics are completed. |
| Change of status | A request to move from one nonimmigrant status to another while remaining in the US. |
| Consular processing | Visa processing at a US embassy or consulate abroad after USCIS petition approval. |
| OPT / STEM OPT | Employment authorization for F-1 students. Certain OPT and STEM OPT applications are eligible for premium processing. |
| EB-1C / NIW | Employment-based immigrant petition categories subject to a 45 business-day premium processing window. |
| Petitioner / Beneficiary | The petitioner is the US employer or sponsor. The beneficiary is the individual seeking the immigration benefit. |
| Fee waiver | Not available for premium processing. The Form I-907 fee is paid in addition to all other required filing fees. |
| Direct filing address | The USCIS-published mailing location for a specific form and classification. |
| USCIS online account | The myUSCIS portal used to file certain forms, submit eligible premium processing requests, track case status and receive notices. |
Section K: Additional Resources
| Resource | What it covers | Official link |
|---|---|---|
| USCIS Premium Processing | Eligibility rules, timelines and how to request premium processing | https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing |
| Form I-907 | Premium processing request form and filing instructions | https://www.uscis.gov/i-907 |
| Premium Processing Expansion | Which forms and classifications currently qualify for premium processing | https://www.uscis.gov/forms/all-forms/premium-processing |
| Check Case Processing Times | Standard USCIS processing time estimates by form and service center | https://egov.uscis.gov/processing-times/ |
| USCIS Filing Addresses | Current mailing addresses for petitions, applications and Form I-907 | https://www.uscis.gov/forms/filing-addresses |
| myUSCIS Online Account | Online filing, case tracking and electronic notifications | https://my.uscis.gov/ |
| USCIS Filing Fees | Current USCIS fee schedule, including Form I-907 and inflation updates | https://www.uscis.gov/forms/filing-fees |
