Can I Upgrade My Case to Premium Processing with USCIS After It Has Been Filed?
If you’ve already filed an immigration petition with USCIS and need a faster decision, you might be wondering if it’s too late to request premium processing. The good news is that in many cases, you can still upgrade your application after it’s been submitted. USCIS allows certain types of employment-based petitions to be expedited for an extra fee, even if they’re already in progress. In this post, we’ll explain how the process works, which forms qualify, and what steps you need to take if you decide to request premium processing after filing.
Table of Contents
- What Is Premium Processing?
- Who Can Use Premium Processing?
- When Can You Upgrade?
- How to Request Premium Processing After Filing
- USCIS Forms That Qualify
- Fees and Timelines
- Important Things to Know
- Where to Get Help
1. What Is Premium Processing?
Premium processing is a service offered by U.S. Citizenship and Immigration Services (USCIS) that allows certain employment-based petitions to be processed faster, within 15 to 45 business days, depending on the form.
2. Who Can Use Premium Processing?
Not all immigration forms qualify. Premium processing is mainly available for:
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Form I-129 (Petition for a Nonimmigrant Worker)
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Form I-140 (Immigrant Petition for Alien Worker)
USCIS is gradually expanding premium processing to other forms, such as parts of Form I-539 and Form I-765, but these options may be limited and phased.
3. When Can You Upgrade?
You can upgrade to premium processing after your case has been filed, provided it is one of the eligible forms. You do not have to choose premium processing when you first submit your petition.
4. How to Request Premium Processing After Filing
Here’s how to upgrade:
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File Form I-907 (Request for Premium Processing Service).
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Include your receipt number for the original case.
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Submit the fee — currently $2,805 for most eligible forms (check the latest fees on the USCIS fee schedule).
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Send the request to the correct USCIS address, which is determined by your form type and the service center.
If USCIS accepts your request, they’ll start the premium clock once they receive both the properly filed Form I-907 and the fee.
5. USCIS Forms That Qualify
| Form | Description | Eligible for Premium Processing? |
|---|---|---|
| I-129 | Nonimmigrant Worker Petition | Yes |
| I-140 | Employment-Based Immigrant Petition | Yes |
| I-765 | Employment Authorization (Limited Phases) | Some categories |
| I-539 | Change/Extend Nonimmigrant Status (Limited Phases) | Some categories |
Refer to the USCIS Premium Processing page for updates.
6. Fees and Timelines
| Form | Fee (as of 2025) | Processing Time |
|---|---|---|
| I-129 | $2,805 | 15 business days |
| I-140 | $2,805 | 15 business days |
| I-539 (phased) | $1,965 | 30 business days |
| I-765 (phased) | $1,965 | 30 bsuiness days |
Note: Timelines start once USCIS receives a complete I-907 and fee. Fees are subject to change.
7. Important Things to Know
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Upgrading does not guarantee approval, only faster processing.
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If your original case is close to a decision, upgrading might not be necessary.
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Make sure your form and category are currently eligible.
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Premium processing does not apply to all visa types, family-based petitions, or asylum cases.
8. Where to Get Help
If you’re unsure whether your case qualifies or how to apply, it’s best to speak with a licensed immigration attorney. They can confirm eligibility and guide you through the process based on your specific case.
Conclusion
Yes, in many cases, you can request premium processing after your case has already been filed. As long as the form is eligible and the correct steps are followed, USCIS will allow you to upgrade the case to a faster review timeline. Always confirm the latest eligibility updates directly on the USCIS website or consult with an expert.
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