§ 106.4 - Premium processing service.

§ 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.

(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 other filing fees. USCIS may require the premium processing service fee be paid in a separate remittance from , other filing fees and preclude combined payments in the applicable form instructions.

(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—$2Act: $2,805.

(2) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(i)(b) of the INA Act or section 222(a) of the Immigration Act of 1990, Public Law 101-649—$2649: $2,805.

(3) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the INA—$1Act: $1,685.

(4) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(iii) of the INA—$2Act: $2,805.

(5) Petition for classification of a nonimmigrant described in section 101(a)(15)(L) of the INA—$2Act: $2,805.

(6) Petition for classification of a nonimmigrant described in section 101(a)(15)(O)(i) or (ii) of the INA—$2Act: $2,805.

(7) Petition for classification of a nonimmigrant described in section 101(a)(15)(P)(i), (ii), or (iii) of the INA—$2Act: $2,805.

(8) Petition for classification of a nonimmigrant described in section 101(a)(15)(Q) of the INA—$2Act: $2,805.

(9) Petition for classification of a nonimmigrant described in section 101(a)(15)(R) of the INA—$1Act: $1,685.

(10) Application for classification of a nonimmigrant described in section 214(e) of the INA—$2Act: $2,805.

(11) Petition for classification under section 203(b)(1)(A) of the INA—$2Act: $2,805.

(12) Petition for classification under section 203(b)(1)(B) of the INA—$2Act: $2,805.

(13) Petition for classification under section 203(b)(2)(A) of the INA Act not involving a waiver under section 203(b)(2)(B) of the INA—$2Act: $2,805.

(14) Petition for classification under section 203(b)(3)(A)(i) of the INA—$2Act: $2,805.

(15) Petition for classification under section 203(b)(3)(A)(ii) of the INA—$2Act: $2,805.

(16) Petition for classification under section 203(b)(3)(A)(iii) of the INA—$2Act: $2,805.

(17) Petition for classification under section 203(b)(1)(C) of the INA—$2Act: $2,805.

(18) Petition for classification under section 203(b)(2) of the INA Act, involving a waiver under section 203(b)(2)(B) of the INA—$2Act: $2,805.

(19) Application under section 248 of the INA Act to change status to a classification described in section 101(a)(15)(F), (J), or (M) of the INA—$1Act: $1,965.

(20) Application under section 248 of the INA Act 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 INAAct, or to extend stay in such classification—$1classification: $1,965.

(21) Application for employment authorization—$1authorization: $1,685.

(d) Fee adjustments. The fee to request premium processing service may be adjusted by notice notification in the Federal Register on a biennial basis based on the percentage by which the Consumer Price Index for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the second preceding calendar year.

(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 Act: 15 business days.

(2) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(i)(b) of the INA Act or section 222(a) of the Immigration Act of 1990, Public Law 101-649—15 649: 15 business days.

(3) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the INA—15 Act: 15 business days.

(4) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(iii) of the INA—15 Act: 15 business days.

(5) Petition for classification of a nonimmigrant described in section 101(a)(15)(L) of the INA—15 Act: 15 business days.

(6) Petition for classification of a nonimmigrant described in section 101(a)(15)(O)(i) or (ii) of the INA—15 Act: 15 business days.

(7) Petition for classification of a nonimmigrant described in section 101(a)(15)(P)(i), (ii), or (iii) of the INA—15 Act: 15 business days.

(8) Petition for classification of a nonimmigrant described in section 101(a)(15)(Q) of the INA—15 Act: 15 business days.

(9) Petition for classification of a nonimmigrant described in section 101(a)(15)(R) of the INA—15 Act: 15 business days.

(10) Application for classification of a nonimmigrant described in section 214(e) of the INA—15 Act: 15 business days.

(11) Petition for classification under section 203(b)(1)(A) of the INA—15 Act: 15 business days.

(12) Petition for classification under section 203(b)(1)(B) of the INA—15 Act: 15 business days.

(13) Petition for classification under section 203(b)(2)(A) of the INA Act not involving a waiver under section 203(b)(2)(B) of the INA—15 Act: 15 business days.

(14) Petition for classification under section 203(b)(3)(A)(i) of the INA—15 Act: 15 business days.

(15) Petition for classification under section 203(b)(3)(A)(ii) of the INA—15 Act: 15 business days.

(16) Petition for classification under section 203(b)(3)(A)(iii) of the INA—15 Act: 15 business days.

(17) Petition for classification under section 203(b)(1)(C) of the INA—45 Act: 45 business days.

(18) Petition for classification under section 203(b)(2) of the INA Act involving a waiver under section 203(b)(2)(B) of the INA—45 Act: 45 business days.

(19) Application under section 248 of the INA Act to change status to a classification described in section 101(a)(15)(F), (J), or (M) of the INA—30 Act: 30 business days.

(20) Application under section 248 of the INA Act I 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 INAAct, or to extend stay in such classification—30 classification: 30 business days.

(21) Application for employment authorization—30 days.

(

authorization: 30 business days.

(22) For the purpose of this section a business day is a day that the Federal Government is open for business, and does not include weekends, federally observed holidays, or days on which Federal Government offices are closed, such as for weather-related or other reasons. The closure may be nationwide or in the region where the adjudication of the benefit for which premium processing is sought will take place.

(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 , of the premium processing timeframe will stop . The premium processing and will recommence with a new 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 httphttps://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 or 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.

[87 FR 18260, Mar. 30, 2022, as amended at 88 FR 89550, Dec. 28, 2023]