Nest Legal
Premium Processing

Premium Processing for EB-1A & NIW

Complete guide to expedited processing - costs, benefits, timelines, and strategic considerations.

15 Calendar Days

Guaranteed processing timeline from USCIS

$2,805

Current fee (as of 2025) in addition to regular filing fee

Email First

Electronic notifications before paper notices

What is Premium Processing Service?

Premium Processing Service (PPS) Overview

Premium Processing Service is an optional USCIS service that guarantees a decision on certain employment-based petitions within 15 calendar days of receipt. For EB-1A and NIW cases, this can dramatically reduce waiting time from 8-15 months to just 2 weeks.

USCIS Guarantee

If USCIS doesn't make a decision within 15 calendar days, they will refund the premium processing fee and continue to process the case expeditiously.

Benefits of Premium Processing

Faster Decision

15 calendar days vs. 8-15 months regular processing

Email Notifications

Receive decision via email before paper notice

Certainty

No more wondering about processing delays

Career Planning

Make job decisions with confidence

Family Planning

Proceed with family immigration quickly

Potential Drawbacks

High Cost

$2,805 additional fee (non-refundable except in rare cases)

No Quality Guarantee

Fast decision doesn't mean favorable decision

Less Time for Corrections

Limited opportunity to address case weaknesses

RFE Risk

Officers may issue RFEs rather than denials under time pressure

Not Always Available

USCIS may suspend premium processing periodically

When Should You Consider Premium Processing?

Strong Cases with Urgency

Job Opportunities

Competing job offers requiring quick decision

H-1B Expiration

Current status expiring soon, need I-140 approval

Family Considerations

Children aging out, spouse work authorization needs

Strong Evidence Package

Comprehensive, well-documented case with clear merit

Strategic Advantages

Priority Date Benefit

Lock in early priority date before potential retrogression

Business Planning

Startup funding, business expansion requires certainty

Multiple Applications

Filing both EB-1A and NIW, test strongest case first

Peace of Mind

High stress tolerance for waiting, can afford the fee

Cost-Benefit Analysis

Financial Considerations

Premium Processing Fee$2,805
Regular I-140 Filing Fee$715
Asylum Program Filing Fee (Self-Petitioner)$300
Total Cost$3,820
Consider the Value of Time:
  • • Career opportunity cost of waiting 8-15 months
  • • Potential salary increases from job mobility
  • • Stress reduction and peace of mind
  • • Family planning and life decisions

Timeline Comparison

With Premium Processing
USCIS Decision15 days
If approved, file I-485Immediately
Total to green card12-18 months
Regular Processing
USCIS Decision8-15 months
If approved, file I-485After approval
Total to green card20-30+ months

Potential time savings: 8-15 months to permanent residence

How to Request Premium Processing

Filing with Initial Petition

Most common and straightforward method

  1. Include Form I-907 with your I-140 petition
  2. Pay the $2,805 premium processing fee
  3. Mail to the designated premium processing address
  4. Receive receipt notice within a few days
  5. Get decision within 15 calendar days of USCIS receipt
Recommended Approach

Filing with the initial petition ensures the fastest processing and avoids potential delays from upgrade requests.

Upgrading Existing Case

Add premium processing to pending petition

  1. File Form I-907 separately with upgrade request
  2. Include copy of original receipt notice
  3. Pay the premium processing fee
  4. Mail to premium processing address
  5. 15-day clock starts when USCIS receives upgrade
Important Notes
  • • Processing may take additional days to process upgrade
  • • Not all pending cases are eligible for upgrade
  • • USCIS may reject upgrade requests in certain circumstances

Need Help with Premium Processing Strategy?

Our experts can help you determine if premium processing is right for your case and ensure your petition is properly prepared for expedited review.