Premium Processing, by which the U.S. Citizenship and Immigration Services (USCIS) promises processing within fifteen calendar days in exchange for more money, was introduced by USCIS on June 1, 2001. For those few who can afford it, Premium Processing represents a luxurious processing option. Imagine, if you will, being able to email, call, and fax a USCIS officer who responds almost immediately in kind! Luxury, as usual, is reserved for the rich, and so USCIS charges $2,500 per petition (as of October 19, 2020), in addition to the standard processing fee of $460 per petition. In the case of an O-1B and O-2 petition, or P petitions for principals and essential support personnel, the fees would thus amount to $3740 up front (not including consultation fees paid to unions, or consular processing paid by the artist abroad).
In addition to the sheer access and flexibility of communications, in return for the additional fee, USCIS promises to take action on the petition within fifteen calendar days. The action can include: 1) approval; 2) denial (rare); 3) a Request for Evidence; or 4) a referral for a fraud investigation (rare). If it fails to take one of these actions within fifteen days, the petitioner should request a refund of the PPS fee, yet USCIS promises to continue handling the matter as a Premium Processing case.
Our USCIS Service Center Tips and Contact Information contains all of the Premium Processing contact information, including the specific address to which to send Premium Processing requests. Basically, petitioners should prepare everything as they otherwise would, then prepare an I-907 form, which USCIS uses to obtain all necessary contact information with the petitioner. The PPS fee should be attached by separate check to the left side of that form. If two petitions are involved, there should be two I-907s, two checks, etc.
Here are some considerations pertaining to Premium Processing:
- A few tips relating to the form I-907 (and always be sure to go to USCIS for the latest version): If your mailing address is different from your physical address, both need to be noted in the appropriate places in Part 1 (mailing address in Question 4, then if the physical address is different, check Yes for Question 5 and complete Question 6). In Part 1, Question 7, be sure to check the appropriate box – in most cases, unless an attorney is completing the petition on your behalf, you will be the petitioner requesting PPS, and thus you would check the first box. You will enter essentially the same information in Part 2, Question 4 and 6. Be sure to print out and submit all 6 pages of the I-907, but you can leave the fields for Part 4 and 5 blank if you did not require the services of an interpreter or preparer. (View our updated sample of the I-907).
- There has typically been no need to Premium Process an extension of stay because USCIS regulations permitted aliens already in O and P status to remain employed in that status until it adjudicates the extension request. However, a June 28, 2018 USCIS policy memorandum instructs adjudicators who respond to a petition by issuing a denial to also issue a notice to appear before an immigration judge ("NTA") to all beneficiaries who are not lawfully present in the U.S.. Please see the extension of stay page for more details.
- Even within the confines of Premium Processing, petitioners may need faster processing than the normal fifteen days. (Often, by the way, the service center Premium Processing units turn petitions around well within the fifteen days). If so, it is incumbent on the petitioner to make its needs known to the Premium Processing unit, preferably by email or in the original submission.
- Premium Processing should still be subject to the special O-1B consultation procedures discussed on this website under "Completing the Forms."
- It is extremely difficult to make any material changes to the petition, once it is filed (i.e. add beneficiaries, change requested classification period, provide supplemental evidence, supply missing union consultation, etc.). To avoid delays and the need to refile altogether, it is critical that the initial filing contain all of the necessary materials and correct information.
- Petitions already pending with USCIS can readily be converted to Premium Processing. If a petition filed through the regular filing process exceeds the posted processing times, immediately call the USCIS Contact Center at 800-375-5283 to initiate an inquiry into the status of your case. To upgrade the petition to Premium Processing, the petitioner need only send in the I-907 with a check for the PPS fee. On the I-907, the petitioner should provide the USCIS file number, if known, and attach a copy of the I-797 receipt. If the petitioner has not yet received this information, providing the balance of the information called for by the I-907 should enable USCIS quickly to locate the file.
Perhaps the biggest single issue respecting Premium Processing is when you have no choice but to use it. Suffice it to say that if you have not filed sufficiently far in advance and/or you are not a nonprofit, you may have no choice but to use Premium Processing. Otherwise, petitioners often will file through regular processing procedures, and wait until they can stand it no longer before converting the case to Premium Processing. The best way to calculate the need for Premium Processing is to work backwards in time. In doing so, consider when the artist must travel, how long it should take for the artist to obtain an appointment and then the visa at which consulate (of itself a challenging calculation), and how long it will take to get the approval notice to the artist. Add some time for the printing and shipping of the approval to the petitioner from USCIS, and then add at least 30 days to the currently available processing-time reports from the service centers. In doing so, do not forget to take into account how long it will take the petitioner to gather the necessary documentation and obtain the labor consultation. If already squirming, you're a Premium Processing candidate!