The United States Citizenship and Immigration Services (USCIS) offers a variety of pathways for foreign nationals to live and work in the U.S., including employment-based (EB) immigrant visas. These visas-such as the EB-1 for extraordinary ability, EB-2 for advanced degree holders, and EB-3 for skilled workers-are critical for employers and individuals seeking permanent residency. However, the immigration process is notoriously slow, with applicants often waiting months or even years for adjudication. To address this, USCIS introduced Premium Processing, an expedited service that promises faster adjudication times for an additional fee. As of March 21, 2025, this service has been significantly expanded to include all EB-1 and EB-2 Form I-140 petitions, among others. But is premium processing worth the expense? This article examines the mechanics, costs, benefits, and drawbacks of premium processing for employment-based visas, supported by recent statistics and expert analysis.
What is Premium Processing?
Premium Processing is an optional USCIS service that guarantees a response – approval, denial, or Request for Evidence (RFE) – within a specified timeframe, typically 15 to 45 calendar days, depending on the visa category. Created under Section 286(u) of the Immigration and Nationality Act (INA), it was initially limited to certain nonimmigrant visas such as H-1B and L-1, but has since been expanded to include employment-based immigrant petitions. The Emergency Stopgap USCIS Stabilization Act of 2020 (HR8089) and subsequent regulations expanded eligibility to allow premium processing for EB-1 (multinational executives and managers), EB-2 (national interest waiver petitions), and other classifications.
As of January 30, 2023, USCIS implemented the final phase of this expansion, covering all new and pending Form I-140 petitions in the EB-1 and EB-2 categories. The processing time for these petitions is set at 45 calendar days, a significant reduction from the standard timeline, which can range from 6 to 12 months or more, depending on the service center and the complexity of the case.
Current Fees (March 2025)
The cost of premium processing has increased due to inflation adjustments outlined in a December 2023 Federal Register rule. Effective February 26, 2024, the fees are as follows:
- EB-1 and EB-2 (Form I-140, including NIW and multinational executives): $2,805 (up from $2,500).
- Nonimmigrant visas (e.g., H-1B, L-1 via Form I-129): $2,805.
- Certain Form I-765 (Employment Authorization Document): $1,685.
- Certain Form I-539 (Change/Extension of Status): $1,965.
These fees are in addition to the standard filing fees (e.g., $715 for Form I-140). If USCIS fails to meet the promised timeframe, the premium fee will be refunded, but processing will continue on an expedited basis.
How does premium processing work?
To request premium processing, petitioners file Form I-907 with or after filing the primary petition (e.g., Form I-140). The clock starts when USCIS receives the I-907 and payment. Within the allotted time (15 days for most nonimmigrant petitions, 45 days for EB-1/EB-2 immigrant petitions), USCIS must issue a decision or an RFE. If an RFE is issued, a new 15- or 45-day clock starts when the response is filed.
For employment-based visas, this service is typically requested by the sponsoring employer, not the beneficiary, reflecting the employer-driven nature of EB petitions. However, self-petitioners (e.g., EB-1A Extraordinary Ability or EB-2 NIW petitioners) may also choose to participate.
Processing Times: Standard vs. Premium
To evaluate whether premium processing is worth it, we must compare standard processing times with the expedited alternative. USCIS publishes historical processing data, updated monthly, on its website. Below is a snapshot of Form I-140 processing times as of December 2024, based on the most recent data available from the USCIS website:
| Category | Standard processing (80% of cases) | Premium Processing |
| EB-1 (extraordinary ability) | 7.6 months (228 days) | 45 days |
| EB-1 (Multinational Manager) | 7.8 months (234 days) | 45 days |
| EB-2 (Advanced Degree) | 8.2 months (246 days) | 45 days |
| EB-2 (NIW) | 8.5 months (255 days) | 45 days |
| EB-3 (Skilled worker) | 9.1 months (273 days) | Not available*. |
Note: As of March 2025, premium processing is not available for EB-3 Form I-140 petitions, although legislative proposals may change this in the future.
Standard processing times vary by service center (e.g., Texas Service Center vs. Nebraska Service Center) and fluctuate based on caseload, staffing, and policy changes. For example, FY 2024 data showed that EB-1 petitions averaged 6.4 months at some centers, but backlogs have since increased slightly in FY 2025 due to higher demand.
In contrast, premium processing offers predictability. A 45-day processing time for EB-1 and EB-2 petitions reduces wait times by 70-80%, a compelling advantage for time-sensitive cases.
Benefits of Premium Processing
- Speed and security
The most obvious benefit is reduced wait time. For employers, it means faster onboarding of critical talent. For beneficiaries, it accelerates the path to permanent residency. In FY 2024, USCIS and the Department of State (DOS) used all 160,791 available employment-based visas, plus 7,700 EB-5 transfers, according to the Employment-Based Adjustment of Status FAQs (January 24, 2025). Delays in petition approval can push applicants into the next fiscal year, risking visa backlogs-especially for countries like India and China, where EB-2 and EB-3 backlogs exceed 10 years.
- Competitive advantage
In industries such as technology, healthcare, and academia, where global talent is in high demand, premium processing can give employers an edge. A multinational executive (EB-1C) approved in 45 days versus 8 months can begin contributing to U.S. operations sooner, potentially saving companies millions in lost productivity.
- Flexibility for Self-Petitioners
For EB-1A (extraordinary ability) and EB-2 NIW petitioners who don’t require employer sponsorship, Premium Processing offers control over the timeline. This is critical for professionals who need to relocate quickly or secure funding tied to U.S. residency.
- Mitigate RFEs
Premium Processing doesn’t eliminate RFEs, but the expedited review often causes USCIS to issue them sooner. This allows petitioners to address issues (e.g., insufficient evidence of extraordinary ability) within weeks rather than months, keeping the process on track.
Disadvantages of Premium Processing
- High cost
The $2,805 fee is a significant expense, especially for small businesses or self-petitioners. For an EB-1A petitioner who already pays $715 for the Form I-140 and potentially $1,225-$2,000 in legal fees, the total cost exceeds $5,000. Larger employers filing multiple petitions may face tens of thousands in additional costs annually.
- Limited Scope
Premium processing only expedites the adjudication of the Form I-140. It doesn’t expedite subsequent steps, such as Form I-485 (Adjustment of Status) or consular processing, which can take 6-12 months or longer. For example, the average I-485 wait time in FY 2025 is 6.4 months for employment-based cases, according to Boundless (February 11, 2025). Thus, the overall green card timeline may not shrink as much as expected.
- No guarantee of approval
Paying for premium processing does not increase the likelihood of approval. In FY 2024, USCIS issued RFEs on approximately 20% of EB-1 petitions and denied 15%, according to internal estimates. A rushed adjudication may even increase scrutiny if the documentation is incomplete.
- Inequity Concerns
Critics argue that premium processing creates a two-tiered system that favors those with financial resources. Smaller businesses or individuals from lower-income backgrounds may not be able to afford it, exacerbating disparities in access to U.S. immigration benefits.
Statistical Insights: Is it worth it?
To assess the value, let’s look at FY 2024 data and projections for FY 2025:
- Visa Usage: DOS and USCIS used all 160,791 EB visas in FY 2024, a trend likely to continue in FY 2025 (ending September 30, 2025), according to USCIS FAQs. Premium processing helped ensure timely adjudication, especially for EB-1 and EB-2 cases.
- Demand:The Pending Applications for Employment-Based Preference Categories report (December 3, 2024) shows 102,495 pending EB-2 applications and 58,422 pending EB-1 applications, with India and China dominating the backlogs. Premium processing could clear these faster, but only for those who opt in.
- Cost-Benefit Ratio: For a multinational corporation, $2,805 is negligible compared to the revenue a key executive could generate. For an individual, however, it’s a gamble-45 days of certainty versus months of uncertainty.
An Ogletree Deakins analysis in 2023 estimated that 57% of eligible EB-1 and EB-2 petitioners requested premium processing when it became available, reflecting the strong demand for speed.
Who Should Use Premium Processing?
Ideal Candidates
- Employers with Urgent Needs: Companies relocating executives or filling critical positions.
- High-demand professionals: EB-1A petitioners with time-sensitive opportunities (e.g., Olympic athletes, award winners).
- Backlog-affected nationals: Indian and Chinese EB-2 applicants facing decades-long visa bulletin waits, where early I-140 approval preserves priority dates.
Less eligible cases
- Budget constrained petitioners: Small businesses or individuals unable to justify the fee.
- Complex cases: Petitions likely to trigger RFEs may not benefit from rushed adjudication without careful preparation.
- EB-3 petitioners: Without premium eligibility, they’re excluded entirely.
Expert Recommendations
- Weigh the opportunity cost: Calculate the financial or professional loss of a 6-9 month delay versus the $2,805 fee. For a tech firm waiting for a lead engineer, the ROI is clear; for an individual applicant, less so.
- Prepare Thoroughly: Premium processing magnifies the importance of a strong initial application. Consult an immigration attorney to minimize RFE risks.
- Monitor Visa Bulletins: For backlog countries, premium processing secures a priority date but doesn’t bypass the I-485 or consular queue. Check the March 2025 visa bulletin for EB-2 India, which is still stuck in 2014.
- Consider alternatives: If the premium isn’t viable, explore discretionary expedited petitions (e.g., for non-profits), although these are rarely granted.
Conclusion
Premium processing for employment-based visas is a powerful tool for those who can afford it, reducing Form I-140 wait times from months to weeks. Its value depends on individual circumstances – urgency, budget, and case strength. It’s often a no-brainer for multinational companies and high-caliber professionals; for others, it’s a luxury that may not justify the cost. As USCIS continues to expand this service (e.g., to F-1 OPT students in 2023), its role in streamlining immigration will grow. However, without broader reforms to address backlogs and inequities, premium processing remains a partial solution to a systemic challenge.
On March 21, 2025, with FY 2025 data still unfolding, the verdict is clear: premium processing is worth it if time is money-but it’s not a silver bullet.
Primary Sources
- USCIS. “Immigration and citizenship data.” December 19, 2024.
- Targeted URL: https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data (navigate to “Pending Petitions for Employment-Based Preference Categories” report, December 2024)
- Specific section:“Pending Employment-Based I-140 Petitions by Preference Category” table
- Description: Lists 102,495 pending EB-2 petitions and 58,422 EB-1 petitions, highlighting backlogs that can be addressed through premium processing. Direct data source for current backlogs.
- Federal Register. “Adjustment of Premium Processing Fees.” December 28, 2023.
- Specific URL: https://www.federalregister.gov/documents/2023/12/28/2023-28406/adjustment-to-premium-processing-fees
- Specific Section: Pages 89539-89543, effective February 26, 2024
- Description: Details the increase in the EB-1/EB-2 premium processing fee to $2,805, citing inflation under INA Section 286(u). This legal notice establishes the current pricing framework
- USCIS. “Processing Times.” Accessed December 2024.
- Targeted URL: https://egov.uscis.gov/processing-times/ (select “Form I-140” and filter by EB-1/EB-2 categories, Texas/Nebraska Service Centers)
- Specific section: Historical processing time calculator output for December 2024
- Description: Shows standard times (e.g., 7.6 months for EB-1, 8.5 months for EB-2 NIW), allowing comparison with the 45-day premium option. Dynamic tool, updated monthly.
- Ogletree Deakins. “USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications.” January 23, 2023.
- Target URL: https://ogletree.com/insights/uscis-expands-premium-processing-to-all-eb-1-and-eb-2-classifications/
- Specific section: Paragraph 4: “Early data suggests…”
- Description: Estimates a 57% adoption rate for premium processing among EB-1/EB-2 petitioners in 2023, providing a private sector view of usage trends.
