EB-1 EB-2 EB-3 Premium Processing: Get Approved Fast
Immigration Attorneys in Columbus
Filing a request for premium processing service with the USCIS along with your EB-1, EB-2, or EB-3 nonimmigrant visa petition, or while it’s pending, will significantly speed up the USCIS processing time necessary for adjudication and approval of your case. If you have questions about EB-1, EB-2, or EB-3 premium processing and would like to consult with an attorney, contact The Law Firm of Shihab & Associates. We have over 50 years of combined legal experience in a wide variety of complex and immigration law matters.
How Does Premium Processing Work?
When your EB-1, EB-2, or EB-3 case is filed with a request for premium processing service, the USCIS guarantees that it will take no longer than 15 calendar days to process your case.
During that time, the USCIS should take one of the following actions:
- Issue an approval notice
- Issue a denial notice
- Issue a notice of intent to deny (NOID)
- Issue a request for evidence (RFE)
- Open an investigation
If your case has not been processed within calendar 15 days, the USCIS will refund the premium processing fee, and your case will continue to receive expedited premium processing. If you receive a NOID or RFE, another 15 calendar day period of premium processing will commence after you have submitted a complete response to the NOID or RFE.
How Is the Premium Processing Request Made?
The premium processing request is made by filing Form I-907 Request for Premium Processing Service, which may be filed concurrently with the visa petition or while it is still pending. The filing fee is $1,225. This form may only be filed by the petitioning employer or by the attorney, but not by the beneficiary employee.
Premium processing is available for these employment-based nonimmigrant(Form I-129) visa petitions:
- E-1 Treaty Trader
- E-2 Treaty Investor
- H-1B Specialty Occupation
- H-2B Temporary Nonagricultural Worker
- H-3 Training or Special Education Exchange Visitor
- L-1A Intercompany Transferee Executive, or Manager
- L-1B Intercompany Transferee Specialized Knowledge Professional
- LZ Blanket L-1
- O-1 Extraordinary Ability or Achievement
- O-2 Essential Support Services
- P-1 Internationally Recognized Athlete or Member of Entertainment Group
- P-1S Essential Support Services, Highly Skilled for Principle
- P-2 Artist or Entertainer under Reciprocal Exchange Program
- P-2S Essential Support Services, Highly Skilled for Principle
- P-3 Artist or Entertainer in Culturally Unique Program
- P-3S Essential Support Services, Highly Skilled for Principle
- Q-1 International Cultural Exchange
- R-1 Religious Occupation
- TN-1 NAFTA Professional, Canada
- TN-2 NAFTA Professional, Mexico
Premium processing is available for these employment-based immigrant(Form I-140) visa petitions:
- EB-1 Extraordinary Ability
- EB-1 Outstanding Professors and Researchers
- EB-1 Multinational Executives and Managers
- EB-2 Members of Professions with Advanced Degrees or Exceptional Ability without National Interest Waiver
- EB-3 Skilled Workers
- EB-3 Professionals
- EB-3 Workers Other Than Skilled Workers and Professionals
Dependents Normally Expedited with a Primary Family Member
USCIS will normally expedite petitions for the dependent spouse and children of the principal applicant so long as they are filed concurrently with the principal applicant’s petition. However, USCIS is not required to give dependents premium processing, and will not provide a refund if those cases are delayed. If you would like further information about the EB-1, EB-2, or EB-3 premium processing service or any other immigration matter, please contact our immigration attorneys at The Law Firm of Shihab & Associates to schedule a consultation with an attorney at an office near you.
What are Frequently Asked Questions About EB-1, EB-2, and EB-3 Premium Processing?
Q: Can I upgrade my pending EB-1, EB-2, or EB-3 petition to premium processing?
A: Yes, you can upgrade a pending petition to premium processing by filing Form I-907 along with the required fee, as long as the petition is one of the categories eligible for premium processing.
Q: How do I know if my case is eligible for premium processing?
A: To determine if your case is eligible, you need to check if your visa category is listed among those that qualify for premium processing. These include various employment-based nonimmigrant (Form I-129) and immigrant (Form I-140) visa petitions such as EB-1, EB-2, and EB-3.
Q: Can premium processing speed up the entire green card process?
A: Premium processing only speeds up the adjudication of the specific petition (such as Form I-140) that is eligible for premium processing. It does not expedite subsequent steps in the green card process, such as the adjustment of status or consular processing. However, even this can speed up your overall green card journey. Be sure to discuss the possibilities with our Columbus immigration lawyers to find out more.
Q: Is premium processing available for National Interest Waiver (NIW) cases?
A: As of January 30, 2023, all pending and initial Form I-140 petitions under the E13 classification for multinational executives and managers, as well as the E21 NIW classification, are now eligible to request premium processing.
Q: Can I request premium processing for an RFE response?
A: Yes, you can upgrade to premium processing if you get a Request for Evidence (RFE) response. Also, if you receive an RFE while your case is in premium processing, you will have another 15 calendar days of premium processing once you submit a complete response to the RFE.
Q: Do Dependents of Certain Employment-Based Petitions Benefit from Premium Processing?
A: Yes, premium processing is available for dependents filing concurrently with the family member beneficiary an employment-based non-immigrant visa petition through premium processing. USCIS typically expedites petitions for the dependent spouse and children of the principal applicant if these are submitted concurrently with the principal's petition. However, it’s important to note that USCIS is not obligated to offer premium processing for dependents, and they do not issue refunds for cases that experience delays.
Q: What are the benefits of hiring an immigration attorney for premium processing?
A: Hiring an immigration attorney can provide numerous benefits, including ensuring that all required forms and supporting documents are correctly completed and filed, advising on eligibility and strategy, preparing responses to RFEs or NOIDs, and providing guidance and support throughout the entire process. This professional support can help to avoid delays and increase the likelihood of a successful outcome.
If you have any more questions or need personalized assistance with your immigration case, please contact our experienced attorneys at The Law Firm of Shihab & Associates. We are here to help you navigate the complexities of immigration law and achieve your goals.
Contact The Law Firm of Shihab & Associates today to get started with our attorneys.
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