In many cases, when employers request employment authorization or employment-based applications, they need workers and assistance right away. Not having qualified workers for their company can cost them a substantial amount in lost revenues and profits. However, the USCIS process for employment-related petitions can take some time. Employers who are unable to wait can file Form I-907 (Request for Premium Processing Service) to expedite the process.
The Request for Premium Processing Service is not available for all employment-related petitions. However, employers applying with Form I-129 (Petition for a Nonimmigrant Worker — including R-1 visa, E-1 visa, E-2 visa, H-1B visa ,H-2B visa, H-3 visa, L-1 visa, O-1 visa, O-2 visa, P-1 visa, P-3 visa, Q-1 visa, and TN visa holders) or USCIS Form I-140 (Immigrant Petition for Alien Worker)usually qualify to apply for Form I907. Applicants for visas are not allowed to file immigration form I 907. This form is filed by visa petitioners such as employers or by authorized attorneys or representatives recognized by the USCIS.
Form I 907 is complex and expensive to file. Filing fees are $1225 as of March 2011, not including any related costs. There are more than 5 pages of instructions for the 2-page form, which is why employers must be certain that the costs of not having the right workers exceed the costs of the form. Employers often hire US immigration attorneys or other help to fill out USCIS Form I-907, since any errors can delay the processing of the form or result in a rejection. As well, employers must be certain that their petitions are eligible for Premium Processing Service before applying. The USCIS has a handy website to help employers understand which petitions are eligible.
There are four possible responses from the USCIS for form I 907: the USCIS will mail an approval, send a denial, will mail information about a misrepresentation or fraud notice, or will request evidence. Since this type of application is so time-sensitive, USCIS makes it easy for applicants to check the status of their application online. In fact, applicants use a dedicated email address and telephone number to check the status of their application, a feature not available for most USCIS immigration forms.
If approved, the Premium Processing Service ensures quick processing – a guaranteed 15-day processing – to qualified applicants. The 15 days begins when the USCIS receives Form I907. If the USCIS does not process the application in 15 calendar days, the agency will refund the filing fee for immigration form I 907 and continue to process the application for Premium Processing Service.
