I-140 premium processing is an expedited service offered by the United States Citizenship and Immigration Services (USCIS) for certain employment-based immigrant petitions, specifically the Form I-140, Immigrant Petition for Alien Worker.
This service also includes petitions under the EB3 visa program, allowing skilled workers, professionals, and other eligible individuals to benefit from expedited decision timelines.
Under the premium processing service, foreign nationals can pay an additional fee to have their I-140 petitions processed faster. Typically, regular processing of an I-140 petition can take several months, but with premium processing, the USCIS guarantees a response within 15 business days.
The cost for this service is $2,805, and payment must be made within 30 days of opting for premium processing. Payment is a prerequisite for filing the petition.
By opting for I-140 premium processing, foreign nationals can receive quicker adjudication of their petition, which can be beneficial in cases where time is of the essence, such as job offers, impending changes in employment or visa status, or priority dates for visa availability.
Additionally, this expedited process allows petitioners to secure their priority date sooner, which may offer advantages in cases where visa bulletin updates work in their favor.
It's important to note that premium processing only expedites the adjudication of the I-140 petition itself and does not impact the processing time for other related applications or steps in the immigration process, such as adjustment of status or visa issuance. Other immigration stages, such as visa interview scheduling, remain subject to consulate availability and the current priority date. Premium processing does not influence these aspects.
How to Opt for Premium Processing
To initiate premium processing:
Notify the appropriate department or contact handling your I-140 petition about opting for premium processing.
Make the required payment within the specified 30-day deadline.
Confirm that the payment has been processed before filing the I-140 petition.
Processing Timeline
Following the approval of the Labor Certification (LC), attorneys typically prepare the I-140 petition over a span of 30-45 days. Once submitted with premium processing, a USCIS response is guaranteed within 15 business days. Responses may include approval, denial, or a Request for Evidence (RFE). If an RFE is issued, USCIS provides an additional 15 business days to resolve it after submission.