When should I consider premium processing for my I-140?

With the return of premium process for almost all types of I-140 petitions[1], many people are seeking to have their I-140s processed on an expedited basis. Is this really necessary? In most cases, it is a waste of money and little benefit is gained. 

If someone files a combined I-140/I-485, there is absolutely no reason to pay the extra $1,000 for premium processing of the I-140. Contrary to popular belief, this will not expedite the processing of the I-485 at all. In virtually all such cases, the person who pay the extra fee is just wasting their money. 

If someone is going to consular process, however, then premium process is a very good idea. Normal I-140 processing today runs from two to four months. By cutting it down to two weeks (assuming no RFE), the applicant is assured of having their final immigrant visa interview within six months of PERM approval – provided their priority date is current. 

If a priority date is not current, nor likely to become current within the next few months, then with few exceptions there is no justification for paying extra money for premium processing. These exceptions include cases where it is essential to get the I-140 approved before an expected event occurs. Such events might include the employee changing employers or the sponsoring company going out of business. In these kinds of cases, the employee will definitely want to get the I-140 approved prior to the event occurring so that the priority date gets locked in for future use with a new I-140. 

Unless you simply have money to burn, you should not just reflexively ask for premium processing unless you have a specific reason that you can articulate. For some people, just getting a decision is sufficient reason for paying the extra $1,000 for the CIS to do their job timely. It is an individual decision. You should understand, however, that other than completing the processing of your I-140 quickly, nothing else will be expedited and you will still have to wait the same length of time for your adjustment of status to be granted.


[1] EB1 multinational executive or manager petitions and EB2 national interest waiver petitions are not included in I-140 premium processing.


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