Many EB3 visa applicants hear about premium processing and wonder if it can help them get a green card faster. The truth is that only a small part of the EB3 process qualifies for premium processing and most of the journey cannot be expedited.
Understanding Premium Processing
Premium processing is an optional USCIS service that allows certain petitions to be reviewed within fifteen (15) calendar days. This service gives applicants and employers a faster review option but not a guaranteed approval. The official USCIS reference for premium processing can be found at https://www.uscis.gov/forms/how-do-i-use-premium-processing-service.
Premium processing is available for specific employment based petitions but not all visa categories. It only applies to forms such as I-140 and I-129, which are used by employers to petition for foreign workers. Other visa categories including family based and humanitarian applications cannot use this service.
The service guarantees faster review not approval. USCIS still checks all eligibility rules carefully and can issue Requests for Evidence or even deny the case. The current fee for Form I-140 premium processing is $2,805 as of 2025. For FY 2025 Q2 (Jan-Mar), DOL received 34,187 PERM applications, and in FY 2025 Q3 the applications received dropped to 21,179
Which EB3 Steps Qualify for Premium Processing
The EB3 process includes three main steps. The first is the PERM Labor Certification filed with the Department of Labor (DOL). The second is the I-140 Immigrant Petition filed with USCIS. The third is the visa or green card application filed either with USCIS or a U.S. consulate.
Among these three, only the I-140 petition currently qualifies for premium processing. The I-140 is the employer’s request for USCIS to recognize the job offer and worker as eligible for the EB3 visa category. While premium processing shortens the I-140 review to 15 business days, the other steps stay the same.
This means premium processing can speed up only one segment of the overall process. The PERM stage and visa issuance stages remain slow because they involve other government agencies. To understand the whole process clearly, applicants can read more in the EB3 Visa Process Knowledge Base on EB3.Work.
Why PERM Labor Certification Cannot Use Premium Processing
The Program Electronic Review Management (PERM) Labor Certification is filed with the U.S. Department of Labor, not USCIS. This step verifies that no qualified U.S. workers are available for the job before hiring a foreign worker. Since it falls under a different agency, premium processing does not apply.
The DOL does not offer expedited processing for any case. The process involves job advertisements, recruitment steps, and a mandatory waiting period. The goal is to protect U.S. workers and ensure fair hiring practices.
According to the DOL’s FY 2025 Q3 statistics, there were 165,029 PERM applications still pending as of June 30, 2025, and processing times are averaging approximately 16 months for normal review.
DOL FAQ states that PERM can take twelve to eighteen months. This delay results from high demand, random audits, and manual case reviews. Because of these factors, PERM remains the slowest and least predictable stage of the EB3 process.
How Premium Processing Works for the I-140 Petition
DOL data reveal that 179,324 PERM applications remained pending as of March 31, 2025. Meanwhile the average processing time is around 496 days or more than 16 months. These figures underscore that PERM stage cannot be sped up by premium processing.
The I-140 petition is the employer’s official request to classify the worker under the EB3 category. It proves that the job offer is permanent and that the applicant meets the minimum qualifications. The I-140 is also where premium processing becomes possible. Premium processing is requested by submitting Form I-907 with or after Form I-140.
Only the employer or their immigration attorney can file it because they are the petitioner. The foreign worker cannot request it independently. Once USCIS receives both forms and payment, the fifteen day review period begins. USCIS must issue an approval, denial or a Request for Evidence within that timeframe. The official I-140 form instructions are at https://www.uscis.gov/i-140 . If the applicant’s priority date is already current, faster approval may allow them to move quickly to the next stage.
When Premium Processing Might Not Help
Premium processing does not shorten the entire EB3 process. The average EB3 case still takes about forty eight months due to the slow PERM certification and visa backlog. Even if USCIS approves the I-140 in two weeks, the applicant might still wait years for a visa number.
DOL data for its Prevailing Wage Program in FY 2025 Q3 indicates that for PERM determinations, there were 45,410 requests in Q3 and a pending count of 79,915 as of April-June. Premium processing does not affect the time for PERM, Department of State scheduling or visa bulletin updates.
These steps are managed by other agencies and cannot be accelerated. Applicants can check their visa priority movement through the Visa Bulletin at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.
For example, if a worker from a backlogged country gets an I-140 approval in fifteen days, they may still have to wait until a visa number becomes available. Until then, their case cannot move to final processing. That is why many applicants find that premium processing changes little about the overall wait.
How to Request Premium Processing Step by Step
- The employer or attorney must complete Form I907 to request premium processing.
- The form can be filed together with the I-140 or later as an upgrade request.
- The employer must pay the $2,805 fee when submitting the form.
- USCIS issues a receipt notice once it accepts the filing.
- The 15-day clock begins on the date USCIS receives the complete package.
- During this period, USCIS must take one of three actions.
- USCIS may approve the case, deny it or issue a Request for Evidence (RFE).
- If USCIS cannot act within fifteen calendar days, the premium fee is refunded.
- Even after refunding, USCIS continues to handle the case on a priority basis until a final decision is made.
Common Misconceptions About Premium Processing
Many people believe premium processing applies to every step of the EB3 process but it does not. It is available only for the I-140 petition and does not apply to the PERM Labor Certification or visa interview.
Premium processing also does not guarantee a faster green card approval. It only ensures a faster review of one petition. The same immigration laws and evidence requirements still apply.
Another misconception is that it increases approval chances. The same standards apply to all I-140 cases whether premium processing is used or not. Applicants with incomplete or weak documentation can still receive an RFE or denial even under premium processing.
When EB-3 Applicants Should Consider It
Premium processing makes sense for certain situations. If the priority date is current and faster I-140 approval helps the applicant proceed to the next step sooner. It also helps when the worker is adjusting status in the United States and must maintain valid status.
Employers might prefer premium processing to confirm petition approval before investing more time and resources. It can also help if the worker needs the approval for another related immigration process. For instance, a timely I-140 approval may help with an H1B extension.
On the other hand, it may not be worth the cost when the priority date is far from being current. The same applies if the applicant is from a country with a significant EB3 backlog. In such cases, the I-140 approval will not speed up the overall timeline. For reference, see the EB3 Visa Requirements.
How to Track Premium Processing Updates
Applicants can track their premium processing case on the USCIS Case Status Tool at https://egov.uscis.gov/casestatus/landing.do. This website shows whether USCIS has received, approved, or issued an RFE. The tool updates automatically once the system records new activity.
USCIS sometimes suspends premium processing for certain forms. These pauses happen when case volumes rise or systems undergo maintenance. Applicants should always check the official USCIS site before filing to confirm service availability.
Frequently Asked Questions About EB3 Premium Processing
Can I use premium processing for the PERM Labor Certification?
No, you cannot. The PERM Labor Certification is handled by the U.S. Department of Labor, not USCIS, and this agency does not offer premium or expedited processing. The PERM process involves mandatory job advertisements, recruitment steps and audit procedures designed to protect U.S. workers.
The Department of Labor must confirm that no qualified U.S. citizen is available for the job before allowing an employer to hire a foreign worker. Because this review involves several steps and careful verification, it cannot be shortened. Even if you are ready to proceed, this stage will still take several months to complete.
In most cases, the PERM Labor Certification is the longest stage of the EB3 process. Applicants should expect it to last anywhere from 12 to 18 months depending on case volume and possible audits.Does premium processing make my green card come faster?
Only slightly. Premium processing speeds up the review of the I-140 petition, which is just one stage of the entire EB3 process. The total timeline of about forty eight months includes the PERM certification and visa bulletin wait times, which cannot be shortened.
Even if USCIS approves your I-140 in 15 days, you might still wait months or years for a visa number to become available. That waiting period depends on your country of birth and the overall demand in the EB3 category.
Premium processing only ensures that USCIS reviews the employer’s petition quickly, but it does not guarantee a faster path to a green card. It is most useful when the applicant’s priority date is already current.Who can pay the premium processing fee?
The employer usually pays the premium processing fee since they are the petitioner. The current cost is $,2805 as of 2025, and it must be submitted along with Form I-907.
Some employers may allow the foreign worker to reimburse them later, but this depends entirely on company policy. There are no legal restrictions preventing reimbursement but both parties must agree in writing.
Employers should keep proof of payment and attach the correct receipt to ensure USCIS begins the fifteen day review on time. Having clear financial arrangements also prevents confusion between employer and worker.Is premium processing available for all EB3 subcategories?
Yes, it is. Premium processing is available for all three EB3 subcategories: Skilled Workers, Professionals, and Other Workers. Regardless of the job type, it only applies to the I-140 petition, not the PERM or visa application stages.
The eligibility for premium processing depends on the petition form and not the occupation itself. USCIS treats all EB3 subcategories equally in terms of how the premium service is offered.
Applicants should remember that the I-140 must still meet all eligibility standards even under premium processing. Fast review does not mean easier approval.What happens if USCIS does not respond in fifteen days?
If USCIS fails to take action within fifteen calendar days, the agency must refund the premium processing fee. This rule ensures fairness and accountability for the service.
Even after refunding the fee, USCIS continues to process the case on a priority basis until completion. The petition will not be delayed simply because of the refund.
In rare cases where technical or administrative delays occur, USCIS updates the petitioner and resumes processing as soon as possible. Applicants can track the case on the USCIS Case Status Tool to see updates in real time.Can I apply for premium processing after my I-140 is already filed?
Yes, you can. Premium processing can be added later by filing Form I907 separately. This option is known as an “upgrade request.”
Once USCIS receives the I-907 and the $2,805 fee, the fifteen day review period begins. The agency then processes the petition on a priority basis just like new filings.
This flexibility allows applicants to decide later whether premium processing is worth the cost based on their visa priority and current status situation.If my priority date is not current, is premium processing worth it?
Usually not. When the priority date is not current, a faster I-140 approval does not move the case forward because the applicant must still wait for a visa number.
For many countries, especially those with high demand in the EB3 category, the wait for a visa number can take years. During that time, the applicant cannot advance to the final green card stage even if the I-140 is already approved.
Applicants should evaluate their situation carefully before paying for premium processing. It can be helpful if the worker is adjusting status in the United States but unnecessary if they are still waiting abroad for visa availability.Does premium processing affect consular interviews?
No, it does not. The consular interview scheduling process is controlled by the U.S. Department of State, not USCIS. Premium processing therefore cannot make interviews happen sooner.
Once a visa number becomes available, the Department of State sends interview instructions through the National Visa Center. The timing depends on embassy workload and country specific conditions.
Applicants should rely on official embassy notifications and not expect USCIS to influence this stage. Premium processing only applies to the petition, not the final visa issuance.How do I know if my I-140 was filed with premium processing?
You will receive a receipt notice from USCIS that clearly states “Form I907 Premium Processing.” This notice confirms that your case has entered the fifteen day review period.
Applicants can also check their case status on the USCIS website. The system will show updates such as “Case Received,” “Request for Evidence,” or “Case Approved.”
If you do not receive a premium processing receipt, your petition may have been filed as a regular I-140. Always confirm with your employer or attorney to ensure that the correct service was requested.Can premium processing be paused or delayed?
Yes, USCIS sometimes pauses premium processing temporarily. These pauses can occur when the agency faces high workloads, system maintenance or policy changes.
When premium processing is paused, USCIS announces it publicly through official press releases. The announcement specifies which forms are affected and when service is expected to resume.
Applicants should always check the USCIS website before filing Form I- 907 to make sure the service is active. Filing during a suspension period may result in rejected applications or returned payments.
Key Takeaways
Tracking an EB3 premium processing case is straightforward when applicants and employers make full use of the official tools provided by USCIS. The online USCIS Case Status Tool allows users to check updates at any time, giving instant visibility into important case milestones such as receipt confirmation, Request for Evidence (RFE) or approval. This feature helps applicants understand exactly where their case stands in the 15-day review period and ensures they can act quickly if any new information or documentation is required.
Beyond convenience, this tracking method plays a crucial role in preventing delays and communication errors. When applicants stay informed, they can immediately respond to RFEs, confirm submission deadlines and coordinate the next immigration step such as filing the Adjustment of Status or consular processing application once the I-140 approval is received. This level of attention keeps the process efficient and minimizes the risk of missing important notices or deadlines.
Applicants should check the official USCIS website regularly for any updates regarding premium processing availability. The USCIS may occasionally suspend or modify processing for certain visa categories due to workload or system maintenance. Staying updated on these changes ensures applicants and employers can plan ahead and avoid filing during temporary suspensions.
Effective tracking through the USCIS Case Status Tool, email alerts and regular website checks empowers EB3 applicants to manage their cases proactively. It gives them peace of mind, allows for timely responses and helps maintain a smooth and organized immigration process from start to finish.
