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Tuesday, February 4, 2014

H-1B Premium Processing – Do you need it?

H1B Premium Processing:

This service is a means to have faster decision obtained on a case filed at the USCIS in regard to an H-1B petition.

How to Apply?

  • A separate form I-907 (Request for Premium Processing Service) needs to be submitted to the USCIS in order to apply for premium processing.
  • The form needs to be filled by the petitioner or the employer’s attorney.
  • The employer needs to make sure the I-907 form is sent to the same service center where the H-1B petition was submitted.
  • The additional premium processing fee needs to be sent to the USCIS through a separate check and you should make sure it is not combined with the regular processing fee.
  • You can also e-file your request for premium processing at https://efiling.uscis.dhs.gov/efile/

How long does H1B premium processing take?

The USCIS (United States Citizenship and Immigration Service) typically takes up to 15 calendar days to process your H-1B petition filed and to send back the decision made on the case. 15 day period starts from the day the USCIS receives the application physically.

How much for premium processing?

 An additional cost of $1,225 is charged by the USCIS to have your case expedited under premium processing.

Will applying under premium processing increase chances of approval?

Premium processing is just a way to expedite processing on your case. Having a case expedited doesn’t increase the chances of approval. But, the decision would be known faster.

Is there a necessity to apply for premium processing?

H-1B premium processing is not a necessity. It depends on the situation, to decide on the need for premium processing. Here are some scenarios when you might think premium processing would be necessary:
  • If you already filed an H-1B petition and RFE is requested by the USCIS, after the necessary documentation is provided, it would be a good time to apply for premium processing so that the decision could be known faster.
  • When an H-1B transfer has been filed, premium processing could help you get the decision faster. Most of the cases, the candidates would want to switch job as soon as the H-1B transfer is approved.
  • There could be candidates who would want to file another H-1B petition through another employee if the first H-1B petition has been rejected (typically in case of consulting jobs). In such cases, you could file for premium processing well ahead while filing for the H-1B petition first time to the USCIS.
Did you have your H-1B petition expedited by applying through premium processing? How long did it take for you to receive the decision? Share your experiences. We would love to hear from you.

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