What Is Premium Processing and When Is It Worth It?

What Is Premium Processing and When Is It Worth It?

Waiting for a decision on an immigration petition is typically incredibly stressful. Government processing times can stretch for months or even years, leaving families and businesses alike in challenging situations. Fortunately, premium processing offers a solution for applicants who need faster results, for a price.

At Hussain, Bendersky & Liston LLC, our team of Chicago immigration attorneys assists clients with a wide range of immigration-related legal procedures. We understand the frustration of long wait times and can help you determine whether premium processing is worthwhile for your case. You should start by considering these factors:

• The need for expedited processing for critical employment opportunities and status changes.
• The cost vs the potential strategic advantages.
• The importance of receiving immediate answers regarding your legal immigration status.

Premium Processing Is Available for Different Petition Types

Premium processing is an optional service offered by the United States Citizenship and Immigration Services (USCIS). By accurately filing Form I-907, applicants can guarantee a response within a specific timeframe. The processing timelines depend on the specific form and classification:

• 15 business days for most Form I-129 (Nonimmigrant Worker) and Form I-140 (Immigrant Petition) classifications.
• 30 business days for Form I-765 (Employment Authorization) and Form I-539 (Change of Nonimmigrant Status).
• 45 business days for Form I-140 petitions involving multinational executives or national interest waivers.

It is important to note that these faster timelines are made possible through paying elevated filing fees.

When Does Expedited Processing Provide a Clear Advantage?

Faster processing offers significant relief when time is critical. For instance, if a company needs to onboard a foreign professional quickly, the expedited timeline allows the employee’s case to be processed rapidly. This can give them a better chance of beginning work without unnecessary delays. It also benefits individuals who are facing an expiring visa status or a family emergency and need immediate confirmation of their extension to remain legally in the United States. A faster decision allows both employers and employees to plan their futures with confidence.

Cases That May Not Qualify and Other Limitations

While this service can be highly beneficial, it does have its limits. The expedited option is not available for all immigration benefits, and it currently excludes most family-based petitions. If processing begins but the government issues a Request for Evidence, the expedited processing clock will stop immediately. The timeline will only reset once the government receives your complete response. Furthermore, paying the premium fee does not guarantee approval of your case. It guarantees that a decision will be made in a certain timeframe, but it may not be the one you want.

Cost Considerations and Using Premium Processing Strategically

The fees for premium processing can range up to nearly $3,000 as of the time of writing. Because this fee is substantial, applicants must carefully weigh the financial cost against the potential benefits. Businesses may be able to absorb this expense to secure top talent rapidly, viewing the fee as a necessary investment for corporate growth. Conversely, individuals must decide if the immediate resolution of their immigration status justifies the extra out-of-pocket expense.

Here to Help You Determine Your Immigration Strategy

Deciding whether to request premium processing requires a thorough evaluation of your unique circumstances. While the high cost and strict eligibility requirements may deter some applicants, the speed and strategic advantages are invaluable for others.

At Hussain, Bendersky & Liston LLC, we dedicate our practice to helping clients achieve successful immigration outcomes. Our experienced attorneys can review your case, explain your options clearly, and help you make an informed decision. Contact us today to schedule an initial consultation.