USCIS Form I-907: What You Need to Know

For individuals and companies looking to expedite their U.S. immigration applications, the USCIS Form I-907, Request for Premium Processing Service, offers a solution. This form allows applicants to request expedited processing for certain employment-based petitions and applications, ensuring a faster decision on their case.

The Premium Processing Service guarantees that USCIS will take action within a specified timeframe, ranging from 15 to 45 calendar days, depending on the type of petition. If USCIS fails to process the petition within the specified timeframe, the premium processing fee is refunded while the petition continues to be processed under regular time frames.

This service is particularly beneficial for employers who need to bring skilled foreign workers to the United States quickly, or for individuals who need to obtain employment authorization without long wait times. However, not all applications are eligible for premium processing, and understanding the guidelines and requirements for the Form I-907 is critical to avoiding delays or denials.

What is Form I-907?

Form I-907 is used to request premium processing for certain petitions and applications with U.S. Citizenship and Immigration Services (USCIS). By paying an additional fee, petitioners can ensure that their application will be processed within a guaranteed timeframe. If USCIS is unable to meet this deadline, it will refund the premium processing fee, but will continue to process the petition or application as part of its workflow.

Who can file the I-907 Form?

• Petitioners filing on behalf of employees or individuals applying for certain immigration benefits.

• Applicants filing an eligible petition on their behalf.

• Accredited representatives or attorneys filing on behalf of an applicant or petitioner. A Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, must be filed with Form I-907 in such cases.

• The petition must be related to an eligible immigrant benefit petition (not all USCIS petitions qualify for premium processing).

In addition, applicants must ensure that USCIS has not yet made a final decision on the petition or application before filing Form I-907. If an applicant attempts to apply for premium processing after a final decision has been issued, the application will be denied.

What Forms Are Eligible for Premium Processing?

Premium processing is available only for certain employment-based petitions and applications. Below is a list of immigration forms that qualify for expedited processing through Form I-907.

Form I-129, Petition for a Nonimmigrant Worker

Eligible nonimmigrant classifications:

• E-1 (Treaty Traders)

• E-2 (Treaty investors)

• E-3 (Australian specialty occupation workers)

• H-1B (Specialty occupation workers)

• H-3 (Apprentices)

• L-1 (intra-company transferees, including blanket L-1 petitions)

• O (Individuals of extraordinary ability or merit)

• P (Athletes, artists, and entertainers)

• Q (Cultural Exchange Visitors)

• TN (Professionals from Canada and Mexico under NAFTA/USMCA)

Form I-129 Processing time: 15 calendar days

USCIS guarantees a 15-day processing period for eligible I-129 petitions. If a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is issued, the 15-day clock resets when USCIS receives the response. We’ve created a comprehensive article about the I-129 Form where you can find more useful information.

Form I-140, Immigrant Petition for Alien Workers

Eligible Employment-Based Categories:

• EB-1: Employment-Based First Preference (E11, E12, E13 for certain classifications)

• EB-2: Advanced Degree Professionals (excluding National Interest Waivers)

• EB-3: Skilled Workers, Professionals, and Other Workers

Form I-140 Processing Time: 15 or 45 calendar days

• For EB-1 (E13) and EB-2 (National Interest Waiver – NIW) petitions, the premium processing time is 45 calendar days after prerequisites are met.

• For all other eligible categories, the processing time is 15 days.

We’ve created a comprehensive article about the I-140 Form where you can find more useful information.

Form I-765, Application for Employment Authorization

Eligible Applicants:

• F-1 students seeking Optional Practical Training (OPT) or STEM OPT Extension.

Form I-765 Processing Time: 30 calendar days

USCIS commits to processing eligible I-765 applications within 30 days after all prerequisites are met. We’ve created a comprehensive article about the I-765 Form where you can find more useful information.

Form I-539, Application to Extend/Change Nonimmigrant Status

Eligible Nonimmigrant Classifications:

• F-1 (Academic Students) and F-2 Dependents

• M-1 (Vocational Students) and M-2 Dependents

• J-1 (Exchange Visitors) and J-2 Dependents

Form I-539 Processing Time: 30 calendar days

Similar to the I-765 process, USCIS guarantees a 30-day timeframe once all conditions are met. We’ve created a comprehensive article about the I-539 Form where you can find more useful information.

USCIS Form I-907 Processing Time

If you wonder what the Form I-907 processing times are, the USCIS is committed to processing petitions and applications within 15 to 45 days, depending on the application submitted. This timeframe allows applicants and petitioners to receive a decision more quickly than through regular processing.

• 15-Day Processing: Applies to most Form I-129 and Form I-140 petitions.

• 30-Day Processing: Applies to Form I-539 and Form I-765 for certain eligible categories.

• 45-Day Processing: Applies to selected EB-1 and EB-2 National Interest Waiver Petitions under Form I-140.

If USCIS does not act on the case within the promised time, the premium processing fee will be refunded. However, the petition will still be processed according to standard procedures to ensure that applicants receive a final decision. "Action" by USCIS does not necessarily mean approval - it includes the issuance of a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), an Authorization Notice, or a Denial Notice.

When an RFE or NOID is issued, the premium processing clock resets once USCIS receives the applicant's response. This means that a new 15-, 30-, or 45-day period begins from the date the response is received. This may extend the processing time beyond the originally promised period, so applicants must submit complete and accurate applications to minimize delays.

How to File the I-907 Form

A. Filing Methods

USCIS allows two filing methods for Form I-907:

Online Filing:

• Available for certain eligible applicants through myUSCIS.

• Recommended for individuals filing Form I-765 (OPT/STEM Extension) or Form I-539.

• Applicants must create a myUSCIS account and complete the filing electronically.

Paper Filing:

• Required for most Form I-907 applications.

• Applicants must download, print, and complete the Form I-907.

• The paper form must be mailed to the appropriate USCIS filing address.

B. Where to File

The correct filing address depends on the underlying petition or application for which premium processing is being requested:

• For Form I-129: Visit the Form I-129 page on the USCIS website for the correct filing address.

• For Form I-140: Use the direct filing addresses for employment-based immigrant petitions.

• For Forms I-765 and I-539, USCIS has a separate direct filing address list for premium processing petitions.

Because USCIS frequently updates filing addresses, applicants should verify the current address before mailing their application by checking the official USCIS Form I-907 page.

C. Required Documents

To ensure the successful processing of the Form I-907, applicants should include

• Completed Form I-907, signed by the petitioner or authorized representative.

• Copy of the receipt notice for the underlying petition (if filed separately from the original application).

• Supporting documents related to the underlying petition or application.

• Payment of the Form I-907 fee, which must be separate from other USCIS filing fees.

• Form G-28 (if an attorney or representative is filing on behalf of the petitioner).

Failure to attach all required documents may result in denial or delay in processing. Also, keep in mind that all documents submitted must be in English or be accompanied by a certified translation.

Filing Fees and Payment Methods

Effective February 26, 2024, the form I-907 fee for filing has been adjusted for inflation. Applicants must ensure that they submit the correct fee to avoid rejection.

Accepted payment methods:

• Credit/Debit Card (Form G-1450, Authorization for Credit Card Transactions)

• Money Order

• Personal or Cashier's Check

All payments should be made payable to the U.S. Department of Homeland Security.

Important Notes:

• USCIS does not accept combined payments for multiple forms. When filing multiple petitions, applicants must submit separate payments.

• Fees are not refundable, even if USCIS takes action but does not approve the petition.

• When paying by credit card, applicants cannot dispute charges later.

To determine the exact filing fee for Form I-907, applicants should use the USCIS Fee Calculator. Additionally, you can check the form I-907 fees for different forms in the USCIS fee schedule page.

Common Mistakes to Avoid

When submitting Form I-907, avoid the following errors to avoid rejection or processing delays:

A. Incomplete or Incorrect Form Submission

• Ensure a handwritten signature; typed names will be rejected.

• Use the correct edition of the form; all pages must be from the same version.

• Provide accurate applicant and employer information, as USCIS will match it to the underlying petition.

B. Incorrect Payment

• Always check the current filing fees before submitting payment.

• Do not combine multiple fees; each form must have its own payment.

C. Filing the I-907 Form for Ineligible Petitions

• USCIS does not allow premium processing for all immigration benefits.

• Check the USCIS Premium Processing Eligibility List before filing.

D. Failure to Promptly Respond to RFEs or NOIDs

• If USCIS requests additional evidence, submit the required documents as soon as possible.

• Delayed responses interrupt the processing timeline and cause unnecessary delays.

Special Considerations for Premium Processing

Religious Workers (R-1 Visas)

Previously, USCIS required an on-site inspection before a religious organization could file Form I-907 for R-1 visas. While this is no longer a general requirement, USCIS may still require inspections before approving premium processing requests for certain religious worker petitions.

Legal Representation

• If an attorney or authorized representative submits Form I-907 on behalf of a claimant or applicant, they must submit Form G-28.

• Form G-28 should be attached at the time of filing; otherwise, the premium processing application may be delayed or denied.

Process Your Petitions Faster With the I-907 Form

Form I-907 provides a valuable opportunity for applicants and petitioners to expedite the processing of eligible immigration petitions. By filing this form, applicants can receive a decision within 15 to 45 days, making it an ideal choice for individuals who need a quick resolution.

Key Takeaways:

• Premium processing is only available for certain forms, including Form I-129, Form I-140, Form I-765, and Form I-539.

• Deadlines vary from 15 to 45 days, and the clock resets when USCIS issues an RFE or NOID.

• Careful filing is required to avoid rejection - applicants must submit the correct filing fee, supporting documents, and Form G-28 (if applicable).

• Use myUSCIS for eligible online filings or mail applications to the appropriate USCIS address.

To ensure accuracy and avoid delays, applicants should always check the USCIS website for the most up-to-date filing instructions, eligibility criteria, and premium processing fees.