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How USCIS Counts Premium Processing Days: Understanding the I-907 Timeline

  • Writer: eVendow Legal Research Department
    eVendow Legal Research Department
  • 7 days ago
  • 5 min read

If you're navigating the U.S. immigration system, you've likely encountered the term "premium processing." This optional expedited service is available for certain types of employment-based petitions and applications.

While premium processing promises faster adjudication, many applicants still wonder: Is it 15 days or 45?

Do weekends count? When does the clock start ticking?

At eVendow Immigration Consulting Firm, we receive these questions almost daily. In this comprehensive guide, we’ll explain exactly how USCIS counts premium processing days, how timelines differ by case type, and what you need to know to avoid mistakes or delays.


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What Is Premium Processing?

Premium Processing is an optional USCIS service that guarantees faster review of certain employment-based petitions. By filing Form I-907 and paying an additional fee (which typically ranges from about $1,600 to $2,900 depending on the application type), petitioners receive a guaranteed decision or action within a fixed timeframe.

The key word is action — not approval. Under premium processing, USCIS must take one of the following steps within the promised window:

  • Issue an approval or denial

  • Send a Request for Evidence (RFE)

  • Send a Notice of Intent to Deny (NOID)

It’s not a shortcut to approval — it’s a guarantee of processing speed, not case outcome.


How USCIS Counts Premium Processing Days

USCIS uses two different timeframes depending on which petition you file:

  • 15 business days for most nonimmigrant petitions (Form I-129, such as H-1B, L-1, O-1, or P-1).These are business days only — weekends and federal holidays are not counted.

  • 45 calendar days for most employment-based immigrant petitions (Form I-140 including EB-1, EB-2, and EB-2 NIW). These days include every single day, counting weekends and holidays.

Example: If USCIS receives your Form I-140 with premium processing on September 20, 2025, the 45th calendar day is November 4, 2025—meaning USCIS must take action by that date.


Premium Processing Fees: What You Should Know

TThe cost of premium processing varies and is not a fixed amount. It depends on the form type and category, and USCIS periodically adjusts these fees. CCurrently, the fees range from approximately $1,600 to $2,900 USD depending on different petition types.

For example, some temporary worker petitions fall on the lower end of the range, while immigrant petitions like Form I-140 tend to be on the higher side.

BBecause these fees are subject to change, it is essential to verify the current amounts on the official USCIS website before filing your application.

In addition, not all applications are always eligible for premium processing. USCIS occasionally suspends, restores, or expands eligibility depending on internal workloads and policy changes.

Before filing, always verify:

  • The current Form I-907 filing fee on the official USCIS page

  • That your petition type is still eligible for premium processing

  • The correct filing address and most recent form edition

Filing with the wrong fee or for an ineligible category will result in a rejection, delaying your case.


When Does the Clock Start?

The premium processing timeline begins when USCIS receives and accepts your properly filed Form I-907 and payment—not when you mail it. You’ll know it’s accepted when you receive the official receipt notice (Form I-797C) showing the date the clock began.

To ensure your filing is accepted and the timeline starts immediately:

  • Use the correct filing address for your petition type.

  • Include the full, correct fee payment.

  • Double-check all required information on the I-907 form.

If your I-907 is incomplete, filed to the wrong address, or sent with an outdated fee, USCIS will reject it and return your package — wasting valuable days.


What Happens If USCIS Issues an RFE or NOID?

If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), the premium processing clock pauses.


  1. USCIS issues the RFE or NOID within the 15- or 45-day window.

  2. TThe processing clock pauses while you prepare your response.

  3. OOnce USCIS receives your complete response, the clock resumes from the point it was paused.

Example: If you’re on day 10 of a 15-business-day clock when the RFE arrives, you have 5 business days remaining once USCIS receives your response.


What USCIS Must Do Within the Premium Processing Window

By the end of the premium processing timeframe, USCIS must take one of the following actions:

  • Approve your petition (Form I-797 notice)

  • Deny your petition with a written explanation

  • Issue an RFE

  • Issue a NOID

If USCIS fails to take any of these actions within the deadline, you are entitled to a refund of your premium processing fee — but your petition will continue to be processed under regular timelines.


What If USCIS Misses the Deadline?

If USCIS doesn’t act within 15 business days or 45 calendar days (depending on your case type):

  1. YYou are entitled to a full refund of the premium processing fee.

  2. USCIS will continue to process your case at no additional cost.

To request To request a refund, contact the USCIS Contact Center at 1-800-375-5283.

Keep copies of your receipt notices, inquiry confirmations, and dates for your records.


Tips for Premium Processing Success

1. File at the Correct Service Center

Different types of petitions are handled by different USCIS Service Centers. Submitting to the wrong address will lead to rejection. Always confirm the correct location on the USCIS website.

2. Keep Receipts Organized

You’ll receive a separate receipt number for Form I-907. Keep it safe — you’ll need it for status tracking, inquiries, or refunds.

3. Track Your Case Online

Monitor your case at my.uscis.gov or egov.uscis.gov/casestatus. You can also sign up for text or email updates.

4. Submit a Strong, Complete Petition

Premium speed doesn’t replace good evidence. IInclude a clear cover letter, well-organized documentation, and expert opinion letters when applicable, particularly for EB-1 or EB-2 NIW cases.

5. Understand What Premium Processing Does Not Do

Premium processing only speeds up the adjudication of your I-129 or I-140 petition.It does not:

  • Expedite visa interview scheduling abroad

  • Speed up I-485 Adjustment of Status

  • Guarantee a visa number

  • Shorten backlogs under the Visa Bulletin


Frequently Asked Questions

Does premium processing guarantee approval?

No. It only guarantees that USCIS will take action — not that it will approve your case.

Can I upgrade later?

Yes. You can file Form I-907 after submitting your petition if premium processing becomes available for your category.

What is the current fee?

Fees vary between approximately $1,600 and $2,900 depending on your form type. Always check the latest amount on USCIS.gov before filing.

Are all petitions eligible for premium processing?

Not always. USCIS occasionally suspends or reinstates eligibility for specific categories. Always confirm before paying.

How do I know USCIS received my I-907?

You’ll receive Form I-797C showing the official receipt date — that’s when the premium processing clock begins.


Conclusion: Making Premium Processing Work for You

Understanding how USCIS counts the days for premium processing helps you set realistic expectations and avoid making costly mistakes.

Key takeaways:

  • 15 business days for most nonimmigrant petitions (weekends/holidays excluded)

  • 45 calendar days for most immigrant petitions like I-140 (weekends/holidays included)

  • The clock starts when USCIS receives your properly filed Form I-907

  • The clock pauses if an RFE or NOID is issued

  • USCIS must take action within the timeframe or refund your fee

At eVendow Immigration Consulting Firm, we specialize in helping professionals, entrepreneurs, and scholars navigate the complex U.S. immigration system with clarity and confidence. Whether you're filing for an H-1B, O-1, EB-1, or EB-2 NIW, our team ensures your petition is complete, accurate, and positioned for success.


Ready to Accelerate Your Immigration Journey?

We offer:

  • LevelUp Consultations for strategy and eligibility

  • Comprehensive petition preparation

  • Document review and RFE response support

  • Premium filing management



Contact eVendow to schedule a consultation and fast-track your U.S. immigration goals.


Contact Information:

USA: +1 (407) 974-7375

Mongolia: +976 7200 7375, +976 8904 3775

Disclaimer: This article is intended for informational purposes only and does not provide legal advice. Immigration regulations and USCIS policies may change. Always verify the latest information on USCIS.gov or consult a qualified immigration professional.

 
 
 

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