Premium Processing of the Immigrant Petition for Alien Worker (Form I-140) is an expedited processing service provided by the United States Citizenship and Immigration Services (USCIS). When a Request for Premium Processing Service (Form I-907) is filed by the petitioner, the USCIS guarantees that the immigration officers handling the case will make a determination on the case within 15-45 calendar days. The time frame depends upon the applicant’s visa subcategory.
Multinational executives, managers, professionals with advanced degrees, individuals with exceptional abilities, as well as National Interest Waiver (NIW) applicants have their case processed within 45 calendar days. Conversely, all other applicants eligible for I-140 Premium Processing can expect their case to be processed within 15 calendar days.
The I-140 form allows United States-based sponsoring employers to petition on the behalf of their non-citizen job applicants to obtain lawful employment-based permanent residence (green card) in the U.S.
I-140 Premium Processing Eligibility
I-140 Premium Processing Times
I-140 Premium Processing decisions made within 15 calendar days are for the following foreign applicants:
- Foreign nationals with extraordinary ability
- Outstanding researchers and professors
- Members of professions with advanced degrees, or with exceptional ability who are not seeking an NIW
- Skilled workers
- Non-skilled workers and professionals
Otherwise, decisions made within 45 calendar days are for petitioners who are:
- Multinational executives and managers
- Members of professions with advanced degrees, or with exceptional ability who are seeking an NIW
It is noteworthy to mention: As of January 30, 2023, all pending and original I-140 petitioners who are EB1-3 Multinational Executives and Managers, and EB2-1 NIWs are eligible to request Premium Processing.
How Do I Request I-140 Premium Processing?
Petitioners seeking expedited case processing can officially do so by completing and filing Form I-907 with the USCIS. The instructions for where to file the I-907 are outlined in more detail in a later section.
Beneficiaries themselves are not eligible to self-petition. That is, of course, unless the petitioner is the beneficiary. It is only the petitioner, his or her attorney or their representative who can sign, file and request Premium Processing.
Once the USCIS receives the petitioner’s I-907, I-140 and all other supporting documents, the 15 or 45 calendar days will start. Within that time period, the immigration officer handling the case will communicate one of the following notices, or request:
- A Notice of Action (Form I-797) for either an approval or a denial
- A Notice of Intent to Deny (NOID)
- A Request for Further Evidence (RFE)
- A notice that a request to open an investigation for fraud or misrepresentation has been made
Note: If the petitioner receives an RFE or a NOID, the 15 or 45-day period begins again — as soon as the USCIS receives the requested response.
Additionally, an I-907 can either be filed after an I-140 has been filed, or along with the I-140.
Filing Form I-907
The following information is needed need in order to complete Form I-907:
- Alien Registration Number (when applicable)
- USCIS Online Account Number (when applicable)
- Full name of the person filing the request
- Company or organization indicated in Form I-140
- Mailing and physical addresses of the person filing the request
- The relevant Premium Processing Service being requested
- Requestor’s statement, contact information, declaration, certification and signature
- Interpreter’s contact information, certification and signature (when applicable)
- Contact information, declaration and signature of the attorney or authorized representative who is preparing the petition (when the requestor is not the one preparing the form)
- When submitting Form I-907, after having filed Form I-140, include a copy of the Notice of Action letter (Form I-797C) which indicates that the USCIS previously received the I-140
Basic Instructions for Completing Form I-907
The following are some additional guidances, which are also requisites for completing an I-907 request:
- Type or print responses in black ink.
- All questions should be completely and accurately answered.
- Write “not applicable” or “N/A” when questions do not relate to the petitioner
- Write the word, “none” when questions require a numerical value and the response is zero
- Use Part 6 when additional space is needed
- The I-907 must be hand-signed
- Include all information related to the I-140 petition
- Confirm that all pages of the form are the same edition
- Ensure the form edition date (and page numbers) can be seen at the bottom of all printed pages
More information about the I-907 such as special form instructions and form filing tips can be found on the USCIS Premium Processing Service website.
Form I-907 Edition Date
It is important to use the current edition date, which is always listed in the mm/dd/yy format. The current edition date of Form I-907 is 11/03/22, and can be located at the bottom of the page on the form itself, as well as the instructions page.
Where to Send Forms I-140 and I-907
Direct filing addresses for mailing Forms I-140 and I-907 depend on where the petitioner resides. It is mostly the northern states that must mail their forms to Lincoln, NE, while mostly the southern states mail theirs to Irving, TX. The correct mailing addresses which correspond to the proper states can be found on the USCIS Direct Filing Addresses website.
It is imperative that petitioners send the forms to the proper addresses listed on the USCIS website. Requests for Premium Processing for Form I-140 mailed to a USCIS lockbox will be returned to the sender, thus causing further delays in case processing.
I-140 Premium Processing Fee
In order to request Premium Processing for Form I-140, the service fee of $2,500 must be made in the form of a check or money order, and made payable to U.S. Department of Homeland Security. This can be done by the beneficiary, petitioner, attorney, or representative. Petitioners are encouraged to the USCIS I-907 website for the most current fee rates.
FAQs For What Is I-140 Premium Processing?
What is I-140 Premium Processing?
I-140 Premium Processing is a service the USCIS offers, which expedites the processing of the Immigrant Petition for Alien Worker form.
How does I-140 Premium Processing work?
- Petitioners electing for an expedited processing service file an I-907 with the I-140 petition
- Pay the Premium Processing fee of $2,500
- The USCIS processes the petition within 15 or 45 calendar days from the date of receipt
- A decision, RFE or a NOID is sent to the petitioner
How long does it take for I-140 Premium Processing?
USCIS immigration officers expedite Form I-140 Premium Processing petitions within 15 or 45 calendar days, depending on the visa subcategory.
What happens if the USCIS does not process my I-140 within the promised time frame?
If the USCIS cannot make a final decision within this time frame, a refund of the Premium Processing fee will be issued to the applicant, though the I-140 processing will still be expedited.
What happens if the USCIS denies my I-140?
A case denial of an I-140 also results in the denial of Application to Register Permanent Residence (Form I-485), and the foreign worker will not be awarded a green card. Nor will he or she be permitted to legally work in the United States.
What are the benefits of I-140 Premium Processing?
Firstly, I-140 Premium Processing offers an expedited processing time. This is especially helpful for foreign workers already in the U.S. who wish to change jobs, and who also need their I-140 approved quickly so as to move forward with their immigration process. Secondly, this is beneficial to foreign workers who desire to begin working and residing legally in the U.S. so they may continue working in their profession.
Conclusion of What Is I-140 Premium Processing?
As the I-140 is a petition that pertains to immigrant employment visas, obtaining approval by the U.S. government offers applicants immediate legal and permanent U.S. residency.
I-140 Premium Processing is a service offered by the (USCIS) to expedite the processing of Form I-140 for foreign workers. This service aims to provide more timely case determinations for employment-based permanent residency petitions, when using Form I-907 petitions. Requesting this Premium Processing service, the USCIS guarantees petitioners that their case will be adjudicated within either 15 or 45 calendar days, depending on the visa subcategory.
Premium Processing is available for certain employment-based visa categories, including EB-1, EB-2, and EB-3, encompassing individuals with extraordinary abilities, advanced degrees, exceptional abilities, and skilled workers. Furthermore, it was as of January 30, 2023 that the Premium Processing service was extended to include EB1-3 Multinational Executives and Managers, and EB2-1 National Interest Waiver (NIW) petitioners.
To request I-140 Premium Processing, petitioners must complete and file Form I-907 along with or after Form I-140, as well as all other supporting documents. Only the petitioner, their attorney, or authorized representative can file the request, as beneficiaries cannot.
Once the USCIS receives the I-907 and supporting evidence, an immigration officer begins handing the case, making either a final case decision or requesting additional evidence from the petitioner for further review. When an RFE or NOID is conveyed, a new expedited period will begin when the USCIS receives the additional requested evidence.
It is essential to complete the I-907 form accurately, including the relevant information about both the petitioner and the beneficiary, keeping in mind the correct form edition. Bearing in mind the proper mailing address, which depends on the petitioner's location and can be found on the USCIS website.
The Premium Processing fee for Form I-140 is $2,500, payable by either the petitioner, beneficiary, attorney, or representative.
Ultimately, I-140 Premium Processing serves as a tool to expedite the immigration process for foreign workers and professionals who seek to quickly begin lawful employment and permanent residency in the United States.
Lastly, applicants with a Receipt Number can check their application status of Form I-140 on the USCIS Case Status website.