US Immigration and New York Employment Law

How to Expedite the Processing of Your Work Visa Petition?

Work visa FAQ graph

Submitting work visa petition is a time sensitive issue. You have to submit your application within a certain time frame in order to be considered by USCIS. This time frame can be very short. For instance, for visas that have numerical limit, this time frame could be only the first five days of April of each year. The processing of the application is quite long. Many people ask whether there is a way to speed it up. The answer is “yes”.

First, you can speed it up on your side by contacting your immigration attorney without delay and making sure that all your documents are ready as soon as possible. Second, there is a way to speed it up on the side of USCIS. The agency offers premium processing service for certain work visa applications.

USCIS even guarantees that if you use their premium processing service they will review your petition within 15 calendar days or your money back. This 15 days period starts when USCIS receives your application package (your corresponding form with supporting documents) plus completed Form I-907 “Request for Premium Processing Service” with the filing fee in the amount of $1,225. This $1,225 filing fee is for the expedited processing only. All other regular fees apply as usual.

Please be aware that only the petitioner (your employer) or your immigration attorney can file the Form I-907 with the request for expedited service. You can do it yourself only if it is self-petition, i.e. if you are petitioner and beneficiary at the same time.

If your visa category has annual numerical limit (annual cap) like in case of H1B, H2B and H3 visa, you cannot expect to have an unfair advantage by using premium processing service. If in your visa category there are more petitions than available visas, USCIS will use lottery like random selection to choose the lucky applicants who will get their visas regardless whether they use premium processing service or not. If you are not getting your visa because you are not selected or because your application package was received after the final date, your fees will be returned.

You will get the results from USCIS faster if you enclose with your application a prepaid self-addressed courier delivery slip (FedEx, DHL or UPS).