8 CFR 106.4 – Premium processing service
(a) General. A person may submit a request to USCIS for premium processing of certain immigration benefit requests, subject to processing timeframes and fees, as described in this section.
Terms Used In 8 CFR 106.4
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(b) Submitting a request. A request must be submitted on the form and in the manner prescribed by USCIS in the form instructions. If the request for premium processing is submitted together with the underlying immigration benefit request, all required fees in the correct amount must be paid. The fee to request premium processing service may not be waived and must be paid in addition to, and in a separate remittance from, other filing fees.
(c) Designated benefit requests and fee amounts. Benefit requests designated for premium processing and the corresponding fees to request premium processing service are as follows:
(1) Application for classification of a nonimmigrant described in section 101(a)(15)(E)(i), (ii), or (iii) of the INA—$2,500.
(2) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(i)(b) of the INA or section 222(a) of the Immigration Act of 1990, Public Law 101-649—$2,500.
(3) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the INA—$1,500.
(4) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(iii) of the INA—$2,500.
(5) Petition for classification of a nonimmigrant described in section 101(a)(15)(L) of the INA—$2,500.
(6) Petition for classification of a nonimmigrant described in section 101(a)(15)(O)(i) or (ii) of the INA—$2,500.
(7) Petition for classification of a nonimmigrant described in section 101(a)(15)(P)(i), (ii), or (iii) of the INA—$2,500.
(8) Petition for classification of a nonimmigrant described in section 101(a)(15)(Q) of the INA—$2,500.
(9) Petition for classification of a nonimmigrant described in section 101(a)(15)(R) of the INA—$1,500.
(10) Application for classification of a nonimmigrant described in section 214(e) of the INA—$2,500.
(11) Petition for classification under section 203(b)(1)(A) of the INA—$2,500.
(12) Petition for classification under section 203(b)(1)(B) of the INA—$2,500.
(13) Petition for classification under section 203(b)(2)(A) of the INA not involving a waiver under section 203(b)(2)(B) of the INA—$2,500.
(14) Petition for classification under section 203(b)(3)(A)(i) of the INA—$2,500.
(15) Petition for classification under section 203(b)(3)(A)(ii) of the INA—$2,500.
(16) Petition for classification under section 203(b)(3)(A)(iii) of the INA—$2,500.
(17) Petition for classification under section 203(b)(1)(C) of the INA—$2,500.
(18) Petition for classification under section 203(b)(2) of the INA involving a waiver under section 203(b)(2)(B) of the INA—$2,500.
(19) Application under section 248 of the INA to change status to a classification described in section 101(a)(15)(F), (J), or (M) of the INA—$1,750.
(20) Application under section 248 of the INA to change status to be classified as a dependent of a nonimmigrant described in section 101(a)(15)(E), (H), (L), (O), (P), or (R) of the INA, or to extend stay in such classification—$1,750.
(21) Application for employment authorization—$1,500.
(d) Fee adjustments. The fee to request premium processing service may be adjusted by notice in the
(e) Processing timeframes. The processing timeframes for a request for premium processing are as follows:
(1) Application for classification of a nonimmigrant described in section 101(a)(15)(E)(i), (ii), or (iii) of the INA—15 days.
(2) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(i)(b) of the INA or section 222(a) of the Immigration Act of 1990, Public Law 101-649—15 days.
(3) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the INA—15 days.
(4) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(iii) of the INA—15 days.
(5) Petition for classification of a nonimmigrant described in section 101(a)(15)(L) of the INA—15 days.
(6) Petition for classification of a nonimmigrant described in section 101(a)(15)(O)(i) or (ii) of the INA—15 days.
(7) Petition for classification of a nonimmigrant described in section 101(a)(15)(P)(i), (ii), or (iii) of the INA—15 days.
(8) Petition for classification of a nonimmigrant described in section 101(a)(15)(Q) of the INA—15 days.
(9) Petition for classification of a nonimmigrant described in section 101(a)(15)(R) of the INA—15 days.
(10) Application for classification of a nonimmigrant described in section 214(e) of the INA—15 days.
(11) Petition for classification under section 203(b)(1)(A) of the INA—15 days.
(12) Petition for classification under section 203(b)(1)(B) of the INA—15 days.
(13) Petition for classification under section 203(b)(2)(A) of the INA not involving a waiver under section 203(b)(2)(B) of the INA—15 days.
(14) Petition for classification under section 203(b)(3)(A)(i) of the INA—15 days.
(15) Petition for classification under section 203(b)(3)(A)(ii) of the INA—15 days.
(16) Petition for classification under section 203(b)(3)(A)(iii) of the INA—15 days.
(17) Petition for classification under section 203(b)(1)(C) of the INA—45 days.
(18) Petition for classification under section 203(b)(2) of the INA involving a waiver under section 203(b)(2)(B) of the INA—45 days.
(19) Application under section 248 of the INA to change status to a classification described in section 101(a)(15)(F), (J), or (M) of the INA—30 days.
(20) Application under section 248 of the INA to change status to be classified as a dependent of a nonimmigrant described in section 101(a)(15)(E), (H), (L), (O), (P), or (R) of the INA, or to extend stay in such classification—30 days.
(21) Application for employment authorization—30 days.
(f) Processing requirements and refunds. (1) USCIS will issue an approval notice, denial notice, a notice of intent to deny, or a request for evidence within the premium processing timeframe.
(2) Premium processing timeframes will commence:
(i) For those benefits described in paragraphs (e)(1) through (16) of this section, on the date the form prescribed by USCIS, together with the required fee(s), are received by USCIS.
(ii) For those benefits described in paragraphs (e)(17) through (21) of this section, on the date that all prerequisites for adjudication, the form prescribed by USCIS, and fee(s) are received by USCIS.
(3) In the event USCIS issues a notice of intent to deny or a request for evidence, the premium processing timeframe will stop. The premium processing timeframe as specified in paragraphs (e)(1) through (21) of this section will start over on the date that USCIS receives a response to the notice of intent to deny or the request for evidence.
(4) Except as provided in paragraph (f)(5) of this section, USCIS will refund the premium processing service fee but continue to process the case if USCIS does not take adjudicative action described in paragraph (f)(1) of this section within the applicable processing timeframe as required in paragraph (e) of this section.
(5) USCIS may retain the premium processing fee and not take an adjudicative action described in paragraph (f)(1) of this section on the request within the applicable processing timeframe, and not notify the person who filed the request, if USCIS opens an investigation for fraud or misrepresentation relating to the immigration benefit request.
(g) Availability. (1) USCIS will announce by its official internet website, currently http://www.uscis.gov, the benefit requests described in paragraph (c) of this section for which premium processing may be requested, the dates upon which such availability commences or ends, and any conditions that may apply.
(2) USCIS may suspend the availability of premium processing for immigration benefit requests designated for premium processing if circumstances prevent the completion of processing of a significant number of such requests within the applicable processing timeframe.