Premium Processing is $1,225 payable to Department of Homeland Security for a 15 calendar day processing time.
Premium Processing is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing for certain employment-based petitions and applications.
Department of Homeland Security guarantees a 15 calendar day processing time or they will refund the $1,225 Premium Processing Service fee. If the fee is refunded, the Department of Homeland Security will continue the 15 day premium processing.
The 15 calendar day period will begin when USCIS receives the petition.
Click here to see a list of petitions that allow premium processing.
USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period.
If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny.
Note for I-129 H-1B petitions:
U.S. Department of Labor, Wage and Hour Division, (August 2009)
Fact Sheet #62H: What are the rules concerning deductions from an H-1B worker’s pay?
This fact sheet provides general information concerning illegal wage deductions under the H-1B program.
An H-1B worker, whether through payroll deduction or otherwise, can never be required to pay the following:
A penalty (as defined by state law) for the worker’s failure to complete the full employment period (INA § 212(n)(2)(C)(vi)(I));
- Any part of the statutory training and processing fee imposed by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) (INA § 212(n)(2)(C)(vi)(II));
- Any part of the statutory $500 fraud protection and detection fee imposed by USCIS (INA § 214(c)(12)(A)); and/or
- Any deduction for the employer’s business expenses that would reduce an H-1B worker’s pay below the required wage rate (20 C.F.R. § 655.731(c)(9)), including:
- Any expenses, including attorney fees, directly related to the filing of the Labor Condition Application (Form ETA 9035 and/or ETA 9035E) (20 C.F.R. § 655.731(c)(9)(ii));
- Any expenses, including attorney fees and the premium processing fee (INA § 286(u)) directly related to the filing of the Petition for Nonimmigrant Worker (Form I-129/129W) (20 C.F.R. § 655.731(c)(9)(ii) and (iii)(C));
- Tools and equipment (20 C.F.R. § 655.731(c)(9)(iii)(C)); and
- Travel expenses while on employer’s business (20 C.F.R. § 655.731(c)(9)(ii) and (iii)(C)).