USCIS's premium processing guarantee is a promise about a first action, not about the outcome. USCIS says it guarantees that it "will take adjudicative action on the case" within a set number of business days, or it will refund the premium processing fee. USCIS says the clock starts when it receives a properly completed Form I-907 at the correct filing address, and that a request for evidence or notice of intent to deny makes the period "stop and reset."
What USCIS guarantees
The USCIS page puts the guarantee in one sentence: "we guarantee that we will take adjudicative action on the case" within the time periods it lists. It then says what counts. Within the period, USCIS says it will take one of these actions on the case:
- issue an approval notice,
- issue a denial notice,
- issue a notice of intent to deny,
- issue a request for evidence, or
- open an investigation for fraud or misrepresentation.
Notice what is on that list. An approval is only one item. A request for evidence or a notice of intent to deny also counts as the guaranteed action. So the guarantee is about USCIS acting within the time, not about USCIS approving the case and not about the case being finished.
The time periods, in business days
USCIS states the periods in business days, not calendar days:
| Which request | Period USCIS lists |
|---|---|
| Most classifications | 15 business days |
| Form I-765 | 30 business days |
| Form I-539, change of status to F-1, F-2, M-1, M-2, J-1 or J-2, once all prerequisites have been met | 30 business days |
| Form I-140 E13 multinational executive and manager, and Form I-140 E21 national interest waiver | 45 business days |
The USCIS page does not spell out which days are counted as business days, so this article does not either. If the exact count matters for your plans, ask the person who filed the request for you, or check with an attorney.
When the clock starts
USCIS says: "The associated time period begins when we receive a properly completed Form I-907, Request for Premium Processing Service, at the correct filing address." The page explains what "properly completed" means: the petition or application must have the information required by the form instructions, a valid signature, and the correct filing fee. The I-907 page adds that USCIS will reject any unsigned form.
The wording ties the start to USCIS receiving a properly completed request at the correct filing address, so the date you mail it is not the trigger the page names. The page also lists wrong-location rules that differ by form, so read the filing instructions for your form.
What stops and restarts the clock
The page says: "If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, the 15-, 30-, or 45-day premium processing time period will stop and reset. A new premium processing time period will begin when we receive a response to the request for evidence or notice of intent to deny."
Receiving a request for evidence does not mean the guarantee failed. It means USCIS took one of the listed actions, and the response you send starts the next period. Our guide on what to do after a request for evidence and the RFE explainer cover the response itself.
The refund rule
The refund is part of the same sentence as the guarantee: "If you request premium processing, we guarantee that we will take adjudicative action on the case within the time periods described below, or we will refund the premium processing fee." Whether a refund applies to your case depends on the dates USCIS received your properly completed request and any response you sent, so read the page and your own notices.
Which forms are eligible
USCIS says: "Premium processing provides expedited processing for the following forms:" Form I-129, Form I-140, Form I-765, and Form I-539. Not every classification under those forms is eligible. The charts on the USCIS page list the designated classifications and their availability and termination dates, and those can change. Check the live page before assuming your category is covered. Our premium processing tool, the Form I-907 guide, and the processing times page for Form I-129 are good places to start.
Where to file Form I-907
The filing location depends on which form the request is for, and USCIS changes filing locations from time to time. Check the USCIS Form I-907 page for where to file before you send anything.
This article deliberately gives no fee amounts, because they change. For current fees, use the official USCIS Fee Schedule at uscis.gov/g-1055.
Common questions
Does premium processing guarantee an approval?
No. USCIS guarantees that it will take adjudicative action within the time period. The listed actions include an approval notice, a denial notice, a notice of intent to deny, a request for evidence, or opening an investigation for fraud or misrepresentation.
When does the business-day clock start?
USCIS says it begins when it receives a properly completed Form I-907 at the correct filing address.
What happens to the clock if I get a request for evidence?
USCIS says the premium processing time period will stop and reset, and a new period will begin when it receives a response to the request for evidence or notice of intent to deny.
How many business days apply?
USCIS lists 15 business days for most classifications, 30 business days for Form I-765 and for certain Form I-539 changes of status, and 45 business days for Form I-140 E13 multinational executive and manager and E21 national interest waiver. Check the page for the classification that applies to your request.
Official sources
- USCIS: How Do I Request Premium Processing?
- USCIS: Form I-907, Request for Premium Processing Service
- USCIS: Fee Schedule (Form G-1055)
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.