Employment Immigration: Understanding Eligibility for Premium Processing

Introduction

Premium processing is an expedited service offered by U.S. Citizenship and Immigration Services (USCIS) for certain eligible immigration petitions and applications. It can provide a faster agency response, but it is not available for every employment immigration matter. Understanding whether a particular filing qualifies is an important first step before requesting premium processing.

Which Employment Immigration Cases May Qualify?

Eligibility depends on the specific form and immigration classification involved. Premium processing is available for certain employment-based petitions filed using Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers. USCIS has also expanded premium processing to certain other immigration applications and classifications. Because eligibility can differ depending on the case, applicants should review the current USCIS requirements before filing.

For eligible cases, the premium processing request is generally made using Form I-907, Request for Premium Processing Service. The request may be submitted with the underlying petition or, when permitted, after the petition has been filed and remains pending. The person requesting premium processing must have a corresponding eligible immigration benefit request.

What Does Eligibility Mean in Practice?

Being eligible for premium processing does not mean that a case will be approved. Premium processing generally requires USCIS to take a qualifying action within the applicable processing timeframe. Depending on the circumstances, that action may include an approval, denial, Request for Evidence, or notice of intent to deny. If USCIS issues a Request for Evidence or notice of intent to deny, the premium processing timeframe is affected and generally begins again after USCIS receives the response.

It is also important to understand what premium processing does not accomplish. Expedited processing does not eliminate the substantive requirements of the underlying immigration petition, guarantee a favorable decision, or necessarily accelerate other immigration steps that may be required later. For example, a faster decision on an employment petition does not by itself resolve separate issues involving visa availability or adjustment of status.

Because USCIS periodically changes which forms and classifications qualify for premium processing, relying on an older filing strategy can create problems. Reviewing the current eligibility rules, filing requirements, and applicable fees before submitting a request can help avoid an unnecessary or improperly filed premium processing request.

Conclusion

Premium processing can be useful for eligible employment immigration matters, but determining eligibility requires attention to the specific form, classification, and circumstances of the case. This article provides general information only and is not legal advice. Employers and prospective immigrants should consult a qualified immigration attorney regarding their individual circumstances and the current requirements that apply to their case.