Table of Changes (instructions)

I907-015-INS-TOC-PremProcDFR-OMBReview-04272022.docx

Request for Premium Processing Service

Table of Changes (instructions)

OMB: 1615-0048

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TABLE OF CHANGES – INSTRUCTIONS

Form I-907, Request for Premium Processing Service

OMB Number: 1615-0048

04/27/2022


Reason for Revision: Premium Processing Direct Final Rule

Project Phase: OMB Review


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 07/31/2022

Edition Date 09/30/2020



Current Page Number and Section

Current Text

Proposed Text

Page 1,


What Is the Purpose of Form I-907?

[Page 1]


What Is the Purpose of Form I-907?


Use Form I-907 to request Premium Processing Service on certain petitions or applications designated as eligible for this service.


[Page 1]


What Is the Purpose of Form I-907?


Use Form I-907 to request Premium Processing Service on certain petitions or applications where this service is available.


Page 1,


When Should I Use Form I-907?

[Page 1]


When Should I Use Form I-907?


You should use Form I-907 to request Premium Processing Service for the petitions or applications that U.S. Citizenship and Immigration Services (USCIS) has designated as eligible for Premium Processing Service. Visit our website at www.uscis.gov/forms/how-do-i-use-premium-processing-service for details about which petitions or applications are eligible for this service.


You may file your request for Premium Processing Service with the eligible petition or application. You may also file the request for Premium Processing Service after you file the eligible petition or application, as long as USCIS has not made a final decision on the eligible petition or application. You cannot request Premium Processing Service for a petition or application that is reopened after an initial decision was made on the petition or application.


You, or your attorney or accredited representative, may request Premium Processing Service only if you filed the corresponding petition or application (for example, Form I-129, Petition for a Nonimmigrant Worker). Any attorney or accredited representative who makes the request must also file a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, unless the attorney or accredited representative has already filed Form G-28 or Form G-28I in the case. The Form G-28 or Form G-28I filed with Form I-907 by a new attorney or accredited representative will replace Form G-28 or Form G-28I filed with the underlying petition or application, and USCIS will recognize the new attorney as the attorney of record in the case.


Premium Processing Service guarantees 15 calendar day processing of certain employment-based petitions or applications. USCIS will refund the Premium Processing Service fee (but continue to process the case) if we do not take action on the related case within 15 calendar days of receiving a properly filed Form I-907. USCIS has taken action on a case if we issue an approval notice or, where appropriate, issue a request for evidence, notice of intent to deny, or a denial notice, or open an investigation for suspected fraud or misrepresentation on the related petition or application.


The processing time is met if USCIS issues an approval, a request for evidence, notice of intent to deny, or a denial notice within 15 calendar days of receipt or if the case is referred for investigation of suspected fraud or misrepresentation. Once USCIS receives a response to the request for evidence or notice of intent to deny, USCIS will guarantee 15 calendar day processing from the date the response was received.


[Page 1]


When Should I Use Form I-907?


You should use Form I-907 to request Premium Processing Service for the petitions or applications where Premium Processing Service is available. Visit our website at www.uscis.gov/forms/how-do-i-use-premium-processing-service for details about which petitions or applications are available for this service.




You may file your request for Premium Processing Service with the applicable petition or application. You may also file the request for Premium Processing Service after you file the applicable petition or application, as long as USCIS has not made a final decision on the applicable petition or application. You cannot request Premium Processing Service for a petition or application that is reopened after an initial decision was made on the petition or application.


You, or your attorney or accredited representative, may request Premium Processing Service only if you filed the corresponding petition or application (for example, Form I-129, Petition for a Nonimmigrant Worker). Any attorney or accredited representative who makes the request must also file a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, unless the attorney or accredited representative has already filed Form G-28 or Form G-28I in the case. The Form G-28 or Form G-28I filed with Form I-907 by a new attorney or accredited representative will replace Form G-28 or Form G-28I filed with the underlying petition or application, and USCIS will recognize the new attorney as the attorney of record in the case.


Premium Processing Service guarantees that USCIS will take one of several possible actions (issue an approval notice, a denial notice, a notice of intent to deny, or a request for evidence) on the petition or application within a certain processing timeframe. The length of the processing timeframe is based on the classification or category requested. Refer to the table in the What Is the Filing Fee and Processing Time? section of these Instructions for the relevant premium processing timeframes. If we do not take action on the petition or application within the applicable processing timeframe, your Premium Processing Service fee will be refunded, but we will continue to process the case. However, we may retain the premium processing fee and not take action on the petition or application within the applicable processing timeframe if we open an investigation for fraud or misrepresentation relating to the benefit request.


In the event USCIS issues a notice of intent to deny or a request for evidence, the premium processing timeframe will stop and will re-commence with a new applicable timeframe on the date that we receive a response to the notice of intent to deny or the request for evidence.


Page 1-3,


General Instructions

[Page 1]


General Instructions



Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions section of these Instructions.

NOTE: Upon receiving your request, USCIS may ask for more evidence or an interview. We also may conduct an investigation.


Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics (for example, fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. After USCIS receives your request and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:


1. You provided or authorized all information in the request;


2. You reviewed and understood all of the information contained in, and submitted with, your request; and


3. All of this information was complete, true, and correct at the time of filing.


If you fail to attend your biometric services appointment, USCIS may deny your request.


Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application or petition. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.


NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be immediately destroyed after we receive them.


Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must include the translator’s signature. The Department of Homeland Security (DHS) recommends the certification contain the translator’s printed name, the signature date, and the translator’s contact information.


NOTE: You must fill out a separate Form I-907 for each petition or application submitted. Follow the steps below to complete your request process.




[Page 3]


How To Fill Out Form I-907


[new]





1. Type or print legibly in black ink.


[Page 1]


General Instructions



[deleted]





























































































How To Fill Out Form I-907


You must fill out a separate Form I-907 for each petition or application submitted. Follow the steps below to complete your request.


1. Type or print legibly in black ink.

Page 4-5,


What Is the Filing Fee?

[Page 4]


What Is the Filing Fee?



The following forms corresponding classifications are eligible for Premium Processing Service.




















Form I-129, Petition for Nonimmigrant Worker


If you are filing Form I-129 for the E-1, E-2, H-1B, H-3, L (including Blanket L-1), O, P, Q, or TN nonimmigrant classification, the filing fee for Form I-907 is $2,500.


If you are filing Form I-129 for an H-2B or R nonimmigrant classification, the filing fee for Form I-907 is $1,500.




[Page 5]


Form I-140, Immigrant Petition for Alien Worker


If you are filing Form I-140 for an EB-1, EB-2, or EB-3 immigrant visa classification, the filing fee for Form I-907 is $2,500.


[new]













































The Premium Processing fee is in addition to all other applicable filing fees. The petitioner, applicant, attorney or accredited representative, or beneficiary may pay the Premium Processing fee, but the beneficiary cannot sign Form I-907. You must pay for Premium Processing Service with a separate check or money order. (For example, one check or money order attached to the relating petition or application, and one check or money order attached to Form I-907).




NOTE: USCIS will only refund the filing fee if we do not take action on the related case within 15 calendar days of receiving your Form I-907. Otherwise, the filing fee is not refundable, regardless of any action USCIS takes on this request. DO NOT MAIL CASH. You must submit all fees in the exact amounts.



[Page 4]


What Is the Filing Fee and Processing Time?


The following benefit requests are designated under the regulations for Premium Processing Service. Please be aware that you may only request premium processing for a benefit if USCIS has announced on its website that premium processing is available for that benefit. Your request for premium processing must also comply with any conditions that may apply. Therefore, you may not request premium processing for a benefit that is designated for premium processing under the regulations but not available for premium processing on the USCIS website. To determine if Premium Processing is available for your benefit request, please visit our website at www.uscis.gov/I-907 or call the USCIS Contact Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


[converted into a table]
























[Table 4 columns, 5 rows]


Form; Classification or Category Designated for Premium Processing; Fee (when available); Processing Time (when available)


Form I-129, Petition for Nonimmigrant Worker

E-1, E-2, E-3, H-1B, H-3, L1 (including Blanket L-1), O, P, Q, or TN nonimmigrant classification

H-2B or R nonimmigrant classification

$2,500

$1,500

15 Days

15Days


Form I-140, Immigrant Petition for Alien Worker

EB-1 (E11, E12), EB-2 (E21 non-NIW), or EB-3 (E31, E32, EW3) immigrant classification

$2,500

$2,500

15 Days

45 Days (after all prerequisites are met)


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

E-1, E-2, E-3, F-1, F-2, H-4, J-1, J-2, L-2, M-1, M-2, O-3, P-4, or R-2 nonimmigrant classification

$1,750

30 Days (after all prerequisites are met)


Form I-765, Application for Employment Authorization

I-765 categories

$1,500

30 Days (after all prerequisites are met)


(Please see Word doc for design and layout)


The Premium Processing fee is in addition to all other applicable filing fees. Form I-907 may not be filed by a beneficiary or co-applicant of the primary form for which premium processing is being requested.


You must pay for Premium Processing Service with a separate check or money order. (For example, one check or money order attached to the relating petition or application, and one check or money order attached to Form I-907).


[Page 5]


NOTE: USCIS will only refund the filing fee if we do not take action on the related case within the applicable processing timeframe. Otherwise, the filing fee is not refundable, regardless of any action USCIS takes on this request. DO NOT MAIL CASH. You must submit all fees in the exact amounts.


Page 6,


Processing Information

[Page 6]


Processing Information


Initial Processing. Once USCIS accepts your request, we will check it for completeness. If you do not completely fill out this request, you will not establish a basis for your eligibility and USCIS may reject or deny your request.


Requests for More Information. USCIS may request that you provide more information or evidence to support your request. We may also request that you provide the originals of any copies you submit. If we request an original document from you, it will be returned to you after USCIS determines it no longer needs your original.


Requests for Interview. We may request that you appear at a USCIS office for an interview based on your request. At the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to verify your identity and/or update background and security checks.


Decision. The decision on Form I-907 involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.


[Page 5]


Processing Information


Initial Processing. Once USCIS accepts your request, we will check it for completeness. If you do not completely fill out this request, you will not establish a basis for your eligibility and USCIS may reject or deny your request.


[deleted]

Page 6,

Penalties

[Page 6]

Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-907, we will deny your Form I-907 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.


[Page 6]


Penalties


If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-907, we will reject your Form I-907 without refunding the filing fee and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.


Page 7,


Form I-907 Checklist

[Page 7]

Form I-907 Checklist

Did you completely fill out and sign the request?


Did you attach a check or money order for the Premium Process Service and a check for the relating petition or application, if applicable? (See the What Is the Filing Fee section of these Instructions for fee information.)


If you wish to have the notice mailed to you rather than wait for the batch-printed notice, submit a pre-paid express mail label and an envelope for mailing.


For your records, you should keep copies of your request packet.


[Page 7]


Form I-907 Checklist


Did you completely fill out and sign the request?


Did you attach a separate check or money order for the Premium Process Service and a separate check for the relating petition or application, if applicable? (See the What Is the Filing Fee section of these Instructions for fee information.)


If you wish to have the notice mailed to you rather than wait for the batch-printed notice, submit a pre-paid express mail label and an envelope for mailing.


For your records, you should keep copies of your request packet.



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