Employment Immigration: Common Mistakes When Applying for Premium Processing

Introduction

Premium processing can provide faster USCIS adjudication for certain employment-based immigration petitions and applications. However, paying the premium processing fee does not guarantee approval. Mistakes in the request, underlying filing, or supporting documentation can create delays or other complications.

Filing Premium Processing for an Ineligible Case

One common mistake is assuming that every immigration filing qualifies for premium processing. USCIS makes premium processing available only for certain eligible forms and classifications, and eligibility can depend on the type of case.

Applicants and employers should confirm that the underlying petition qualifies before submitting Form I-907, Request for Premium Processing Service. Filing the request without first verifying eligibility can result in the request being rejected.

Another mistake is treating premium processing as a substitute for a properly prepared underlying petition. Expedited processing generally affects how quickly USCIS takes action; it does not eliminate the substantive requirements of the immigration category.

Errors in Forms, Fees, and Supporting Documents

A premium processing request must be properly completed and submitted with the required fee and documentation. Errors such as incorrect information, an incomplete form, or an improper fee payment can cause the request to be rejected or returned.

It is also important to understand what premium processing does and does not provide. Depending on the case, USCIS may approve the petition, issue a request for evidence, issue another permitted notice, or take other action within the applicable premium processing framework. Faster processing therefore does not necessarily mean a faster approval.

Careful review of the underlying petition is particularly important before requesting expedited processing. If USCIS identifies a deficiency, premium processing does not prevent the agency from requesting additional evidence or otherwise examining the petition under the applicable requirements.

Conclusion

Premium processing can be a useful option for eligible employment immigration matters, but it should be approached carefully. Understanding eligibility, preparing accurate forms, submitting the correct fees, and reviewing the underlying petition can help reduce avoidable problems. This article provides general information only and is not legal advice. Because immigration requirements can vary based on the facts of an individual case, prospective applicants and employers should consult a qualified immigration attorney regarding their specific circumstances.