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H-1B and Premium Processing


Premium Processing Service will provide American businesses with the opportunity to obtain faster processing of a petition to meet their needs for a foreign worker. Specifically, the INS will provide 15-calendar day processing to those who choose to use this service or the INS will refund the Premium Processing fee and the relating case will continue to receive expeditious service.

The processing period that will be used to determine whether or not the INS meets the 15-day period will begin when the I-907 is delivered to the INS (at the appropriate address) and will end upon the INS mailing of a notice. The notice may be a notice of approval, request for evidence, intent to deny or notice of investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to an intent to deny, a new 15-day period will begin upon the delivery to the INS of a complete response to the request for evidence or notice of intent to deny.

Who is eligible?

Upon implementation of the program on June 1, 2001, those employers who file a Form I-129 to classify a beneficiary under one of the following nonimmigrant categories may request Premium Processing Service: E-1, E-2, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3 and Q-1.

On July 30, 2001 the INS will also make this service available to employers who wish to file a Form I-129 to classify a beneficiary as an H-1B, TN or R nonimmigrant.

What is the fee?

The fee for this service is $1000. The Premium Processing fee may not be waived. In addition to the Premium Processing fee, all filing fees relating to the Form I-129 must also be submitted. The Premium Processing fee must be submitted in a separate check or money order.

Are there any additional benefits to the program?

Yes. The INS has provided not only a unique mailing address for its Premium Processing customers, but it has also established a special phone number and e-mail address for each of the Service Centers. These special communications channels will be used solely by Premium Processing customers.

The INS is also collecting, on the Form I-907, your phone number, fax number and e-mail address so that we may correspond with you in the most appropriate manner. Premium Processing customers should be prepared to receive information on their case through any of these three types of communication.

In addition, the INS will allow I-539 applications for dependents to receive the same expeditious processing as the principal family memberís I-129 petition -- at no additional cost if they are filed at the same time.

How do I file a Request for Premium Processing?

Complete and sign Form I-907, Request for Premium Processing Service. Attach a separate remittance of $1000. The I-907 may be forwarded to the Service Center where your I-129 petition is already pending OR you may file the I-907 and I-129 together at the Service Center designated as the appropriate filing location on the instructions to the I-129. In both situations the unique address shown on the Form I-907 should be used for proper delivery to the Service Centerís Premium Processing Service unit.




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This is an advertisement, no attorney/client relationship is established by viewing the contents of this site. As immigration law is constantly changing, information is provided as-is and does not constitute legal advice. Visitors are urged to contact experienced immigration counsel for their immigration matters.