Frequently asked Questions on Premium Processing
W
hat exactly is Premium Processing?
Premium processing is a service, where available, for an extra fee employers can get a decision from the USCIS much more quickly on certain employment-based visa petitions. This usually costs $2,500 and you should get a decision in 15 (or 45) calendar days depending on the visa classification. The premium processing service is an optional additional filing fee/form that is usually filed at the time you submit your petition. Both employmentbased immigrant visas (such as the EB-1/EB-2) and employment-based non-immigrant visas (such as the H-1B) can use premium processing. Is premium processing available for my wife’s petition? Unfortunately, no. The USCIS does not have premi um processing available for any family-based
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petitions (I-130 “Petition for Alien Relative”). Your best strategy is to speak to an immigration attorney and arrange for your petition to be filed efficiently and early. Should I use Prem ium Processing? What are some risks and benefits of pursuing a Premium Processing Service? It really depends on the priorities of the employer and how urgently they want to be able to sponsor and then hire a potential foreign employee. For example, if an employer wants quicker access to talented international workers like software engineers, researchers, or business executives, the premium processing service may be appealing. Without premium processing, employers may have to wait an additional number of months before their petitions get approved. However, premium processing only speeds up the
approval time for the initial petition (such as the I-140). The availability or scheduling of consular interviews is an entirely different process and there may still be long waits for appointments at the U.S. Consulates. Remember, Premium Processing is an additional filing fee that is paid to the government (USCIS) and not to your immigration attorney. It is not the same as requesting your attorney to do a “rush job” where you need to request (and possibly pay extra) for your attorney to work faster and prioritize your case to get it filed under a specific deadline. Immigration attorneys typically work on schedules and generally have a certain time frame in mind to file for a specific visa and obtain all the necessary supporting documents and evidence. Here is a good analogy of Premium Processing in the Green Card
JUNE 2022 - WWW.DESHVIDESH.COM
