Premium Processing for the H1B Visa

Premium Processing for the H1B Visa is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing time.

The process involves submitting a completed and signed USCIS form I-907 and paying  $1,225 payment to Department of Homeland Security.

Department of Homeland Security guarantees a 15 calendar day processing time or they will refund the $1,225 Premium Processing Service fee.

The 15 calendar day period will begin when USCIS receives the petition.

Click here to see a list of other USCIS 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.

Who can pay the $1,225 USCIS fee for Premium Processing fee for the H1B Visa?:

It depends who you ask. DOL says only the employer can pay the Premium Processing fee. USCIS says the beneficiary can pay the Premium Processing fee. Unfortunately this lack of clear guidance sometimes occurs in employment based immigration.

Our view is this: The safe harbor approach is for the Employer to pay the Premium Processing fee. However if  the beneficiary pays the Premium Processing fee for the H1B Visa and it does not reduce his/her effective wage below the prevailing wage indicated on the LCA it should be fine.

According the U.S. Department of Labor:

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));

  1. 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));
  2. Any part of the statutory $500 fraud protection and detection fee imposed by USCIS (INA § 214(c)(12)(A)); and/or
  3. 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)).

According to USCIS:

“The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee,…”

Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Overview
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved. Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call. All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers. But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally. Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17

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