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Premium Processing Of H1B - Overview

The H1B Visa Program is the official and primary USA work visa / work permit. The H1B is a non-immigrant visa in the USA under the Immigration & Nationality Act, section 101(a) (15)(H). It allows US employers to employ foreign workers, from all over the world, in specialty occupations.

The US Government introduced the H1B visa to provide highly skilled International Professionals and/or International Students, from all over the World, the opportunity to live and work in America.

The H1B is the most sought after US work visa and US Immigration requires 'every' foreign national to obtain a visa in order to legally work in America.

Premium Processing Of H1B

As the name suggests, the Premium Processing Service allows a faster processing time after the H1 visa petition is received. The U.S. Citizenship and Immigration Service (USCIS, formerly the INS) guarantee that it will process the visa petition within 15 days under this service. There is a $1,000 fee that your employer must pay to the USCIS for this service. Also, a separate phone number and e-mail address is provided for companies using the expedited processing to check on the status or ask questions.

Only your employer or business can apply for this service. As an individual you cannot apply for the service. 
Your employer must complete Form I-907 (Request for Premium Processing) and pay the fee of $1,000. The fee should be paid by a separate check and under no circumstances be combined with the regular processing fee. 
Dependent family members filing concurrently with the primary applicant for this service do not have to pay any additional fee. This means that if your spouse/children are on the dependent visa and you are filing a petition with the premium processing service, your employer does not have to pay $1000 for them.

The Form I-907 provides addresses of Service Centers. Your petition for premium processing should be filed at the appropriate Service Center. The 15-day processing period begins when the USCIS identifies your request for premium processing.

Only Non-Immigrant Worker petitions can be processed through the premium service. The following types of petitions and applications are part of this service:

  • E1 Treaty Trader
  • E2 Treaty Investor
  • H1B Temporary Workers in Specialty Occupations
  • H2A Agricultural Worker
  • H2B Temporary Worker
  • H3 Trainee
  • L1 Intra-company Transferees
  • O1 and O-2 Aliens of Extraordinary Ability or Achievement
  • P1, P2 and P3 Athletes and Entertainers
  • Q1 International Cultural Exchange Aliens
  • R1 Temporary Workers in Religious Occupations
  • TN NAFTA Professionals

The USCIS allows for expedited processing under the following circumstances:

Severe financial loss to a company or individual

Extreme emergency

Humanitarian situation

Department of Defense or national interest situation

USCIS error

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