Premium Processing for I-140 Petitions in 2025: What H-1B Workers Need to Know
In 2025, the United States 🇺🇸 immigration system continues to offer premium processing for I-140 petitions, a service that can make a big difference for H-1B workers and their employers. Recent updates and ongoing trends have shaped how applicants and sponsors approach this option, especially as regular processing times remain lengthy and the stakes for maintaining legal status are high. Here’s a detailed look at what’s changed, who is affected, what actions are required, and what these developments mean for pending and future applications.
Summary of Key Changes
The most important update is that premium processing is now available for all I-140 petition categories, including the EB-2 National Interest Waiver (NIW) and EB-1C multinational executive categories. Since January 2023, this expanded access has given more applicants the chance to speed up their green card process. The premium processing fee has increased to $2,805 in 2025, and the regular I-140 filing fee is $715. With premium processing, the United States Citizenship and Immigration Services (USCIS) guarantees a decision within 15 business days for most I-140 categories, and within 45 calendar days for EB-1C and EB-2 NIW petitions. In contrast, regular processing averages about 7.7 months.
Who Is Affected by These Changes?
H-1B workers are among the main groups affected by these updates. For those nearing the end of their six-year H-1B limit, premium processing can be a lifeline. Employers, especially universities and research institutions that sponsor foreign talent, also benefit from faster decisions. Applicants from countries with long visa backlogs, such as India 🇮🇳 and China 🇨🇳, should pay close attention to how premium processing fits into their overall green card timeline.
Effective Dates
The expanded premium processing eligibility for all I-140 categories has been in place since January 2023 and continues through 2025. The new fee structure and processing timelines are effective immediately and apply to all new premium processing requests.
Required Actions for Applicants and Employers
If you are considering premium processing for your I-140 petition, here’s what you need to do:
1. Prepare and File Form I-140:
Complete the Form I-140, Immigrant Petition for Alien Worker and gather all required supporting documents.
2. Submit Form I-907 for Premium Processing:
File the Form I-907, Request for Premium Processing Service either at the same time as your I-140 or after you have already filed the I-140.
3. Pay the Required Fees:
– I-140 Filing Fee: $715
– Premium Processing Fee: $2,805
Both fees must be paid to USCIS. Make sure to use the correct payment method as listed on the official USCIS website.
4. Track Your Case:
USCIS will provide a receipt notice and guarantee a decision within the promised timeline. If a Request for Evidence (RFE) is issued, the premium processing clock pauses and restarts once you respond.
5. Respond Quickly to RFEs:
If you receive an RFE, respond as soon as possible to avoid delays.
6. Receive a Decision:
USCIS will issue an approval, denial, or notice of intent to deny within the guaranteed timeframe.
For more details on how to request premium processing, visit the USCIS Premium Processing Information page.
Implications for Pending and Future Applications
For H-1B Workers Nearing the 6-Year Limit:
Premium processing is especially important if you are close to reaching your six-year H-1B maximum. Under current rules, you can extend your H-1B status beyond six years if:
- Your I-140 petition or labor certification has been pending for at least 365 days, or
- You have an approved I-140 but cannot file for adjustment of status because your priority date is not current (meaning a green card is not yet available for your category and country).
If you are in this situation and have less than a year left on your H-1B, premium processing can help you get I-140 approval quickly. This allows you to apply for an H-1B extension and avoid falling out of status or having to leave the United States 🇺🇸.
For Applicants from Countries with Visa Backlogs:
If you are from a country with a long wait for green card numbers (like India 🇮🇳 or China 🇨🇳), premium processing will only speed up the I-140 approval. It does not move you ahead in the visa bulletin or make a green card available sooner. You will still need to wait for your priority date to become current before you can file for adjustment of status (Form I-485).
For Employers:
Premium processing helps employers make faster hiring decisions and plan their workforce more effectively. This is especially helpful for universities and research institutions that often sponsor EB-1B petitions for outstanding professors and researchers.
For Pending Applications:
If you already filed an I-140 and are waiting for a decision, you can still request premium processing by filing Form I-907 and paying the fee. USCIS will then process your case within the guaranteed timeline.
Practical Benefits of Premium Processing
1. Fast, Predictable Decisions:
With premium processing, you know exactly when you will get a decision—within 15 business days for most categories, or 45 calendar days for EB-1C and EB-2 NIW. This is much faster than the average 7.7 months for regular processing.
2. Reduced Stress and Uncertainty:
Applicants and employers get peace of mind knowing when to expect a decision. Even if USCIS issues an RFE, you will know the case status quickly and can plan your next steps.
3. Maintains Legal Status:
For H-1B workers close to their six-year limit, premium processing can be the difference between staying in the United States 🇺🇸 or having to leave. Fast I-140 approval allows for timely H-1B extensions.
4. Helps Employers Plan:
Faster decisions mean employers can make job offers and staffing plans with more certainty, which is especially important in fields like academia and research.
Limitations and Considerations
1. Premium Processing Does Not Speed Up Everything:
While premium processing guarantees a quick I-140 decision, it does not affect:
- The wait for a green card number (priority date to become current)
- The processing time for adjustment of status (Form I-485)
- The time it takes to process labor certification (PERM) if required
2. High Cost:
The $2,805 premium processing fee is a significant extra cost on top of the $715 I-140 filing fee. For some applicants, especially those not facing urgent deadlines, the cost may not be worth it.
3. No Impact on Visa Bulletin Backlogs:
Applicants from countries with long green card waits will still have to wait for their priority date, even if their I-140 is approved quickly.
4. Not Always Necessary:
If you are not close to your H-1B limit, not facing job loss, or not in a rush, regular processing may be enough. Consider your personal situation before paying for premium processing.
Recent Data and Trends
- Approval Rates Remain Stable:
USCIS data for the first quarter of fiscal year 2025 shows that I-140 approval rates are steady, with EB-1A petitions approved at about 74.9%. This suggests that the quality of adjudication has not changed with the increased use of premium processing. - Backlog Reduction Efforts:
USCIS has reduced its overall backlog by 15% as of early 2025. However, regular I-140 processing times still average several months, making premium processing valuable for those who need quick decisions. Expanded Eligibility:
Since January 2023, premium processing is available for all I-140 categories, including EB-2 NIW. This gives more applicants the option to speed up their cases.No Announced Changes to Fees or Timelines:
As of mid-2025, there are no new announcements about changes to premium processing fees or processing times for I-140 petitions.
Step-by-Step Guide to Requesting Premium Processing
Here’s a simple guide to help you request premium processing for your I-140 petition:
Step 1: Prepare Form I-140
Gather all required documents and complete Form I-140.
Step 2: File Form I-907
Complete and submit Form I-907, either with your I-140 or after you have already filed the I-140.
Step 3: Pay the Fees
Pay the $715 I-140 filing fee and the $2,805 premium processing fee.
Step 4: Wait for USCIS Response
USCIS will issue a receipt notice and guarantee a decision within 15 business days (or 45 calendar days for certain categories).
Step 5: Respond to Any RFE
If you receive a Request for Evidence, respond quickly. The premium processing clock will pause and restart when USCIS receives your response.
Step 6: Receive the Final Decision
USCIS will issue an approval, denial, or notice of intent to deny within the guaranteed timeframe.
Expert Perspectives
Immigration attorneys often recommend premium processing for H-1B workers who are close to their six-year limit. It helps avoid gaps in status and keeps employment uninterrupted. However, experts also warn that premium processing does not solve the problem of visa number backlogs. If you are from a country with a long wait for green cards, you may still face years of waiting even after your I-140 is approved.
Employers, especially in academia and research, value premium processing because it helps them make faster hiring decisions and plan for the future. According to analysis by VisaVerge.com, premium processing is often seen as a strategic investment for both employees and employers when timing is critical.
Future Outlook
USCIS continues to work on reducing backlogs, which may eventually shorten regular processing times. If this happens, the value of premium processing may decrease for some applicants. Stakeholders are also calling for expanded premium processing eligibility and faster overall immigration processing, but no new policy changes have been announced as of mid-2025.
Practical Tips and Next Steps
- Assess Your Situation:
If you are an H-1B worker close to your six-year limit, premium processing is likely worth the cost. If you are not in a rush, consider whether the extra fee makes sense for you. Talk to Your Employer:
Employers often pay the premium processing fee, especially if your continued employment is important to them.Stay Informed:
Check the USCIS Processing Times regularly to see if regular processing times are improving.Prepare for RFEs:
Even with premium processing, USCIS may issue a Request for Evidence. Make sure your petition is complete and well-documented to avoid delays.Monitor Visa Bulletin:
If you are from a country with a visa backlog, keep an eye on the Department of State’s visa bulletin to know when your priority date becomes current.Use Official Resources:
Always use official USCIS forms and instructions. For premium processing, refer to the USCIS Premium Processing Information page.
Conclusion
Premium processing for I-140 petitions in 2025 remains a powerful tool for H-1B workers and their employers. It offers fast, predictable decisions and can be essential for those facing urgent deadlines. However, it comes with a high cost and does not solve all green card delays, especially for applicants from countries with long visa backlogs. By understanding the benefits, limitations, and required steps, you can make the best decision for your immigration journey. Always consult with your employer and, if needed, an immigration attorney to make sure you are taking the right steps for your situation.
Learn Today
Premium Processing → An expedited USCIS service that guarantees faster decision on certain immigration petitions, like I-140, for an additional fee.
I-140 Petition → An employment-based immigrant petition filed by employers to sponsor foreign workers for permanent residence (green card).
H-1B Visa → A nonimmigrant work visa allowing U.S. employers to employ foreign workers in specialty occupations for up to six years.
Request for Evidence (RFE) → A USCIS request for additional documentation or information to make a decision on a visa or immigration petition.
Adjustment of Status (Form I-485) → A process allowing eligible individuals in the U.S. to apply for permanent residency without leaving the country.
This Article in a Nutshell
Premium processing expedites I-140 petitions, crucial for H-1B workers near visa limits. Fast 15–45 day decisions help maintain legal status, despite high fees and no reduction in green card wait times. Employers and applicants gain faster resolutions, but backlog delays remain for adjustment of status and visa availability.
— By VisaVerge.com
