Premium Processing EB3: Is It Worth Paying the Extra Fee?

When participating in the EB3 program, many applicants and employers often wonder whether they should pay extra to use premium processing services. With fees reaching thousands of dollars and a promise to shorten processing time to just 15 days, is this a worthwhile investment? This article from Newland USA will provide a detailed analysis of the premium processing service for the EB3 program, the real benefits it offers, and situations where paying this extra fee may not be necessary.

1. What is Premium Processing in the EB3 program?

Premium processing is an optional service provided by U.S. Citizenship and Immigration Services (USCIS) that allows for expedited review of immigration applications for certain types of visa petitions. For EB3 visas, this service applies to the I-140 petition filing stage.

It’s important to clarify that premium processing is not a shortcut to bypass legal procedures or evaluation standards. USCIS will still thoroughly check all eligibility requirements as usual. The only difference is that the time they spend reviewing and making a decision will be significantly shortened – from an average of 8 months to just 15 business days.

For those pursuing EB3, understanding the scope of premium processing in the EB3 program is extremely important. This service is not a comprehensive solution for the entire green card application process, but only affects a specific stage in your long-term immigration journey.

2. Cost and Processing Time of Premium Processing

As of 2025, the fee for premium processing is $2,805. This is not a small amount, and applicants need to carefully consider the actual benefits they will receive from this investment. According to the latest announcement from the U.S. Department of Homeland Security, this fee may be adjusted from March 1, 2026 to reflect inflation rates.

When filing a premium processing request, applicants must use Form I-907 along with their I-140 petition. This form can be filed simultaneously with the I-140 or after the I-140 has been filed and is pending.

In terms of timing, USCIS commits to processing the I-140 petition within 15 business days from receiving a valid premium processing request. If the agency does not issue a decision within the committed timeframe, they will refund the entire premium processing fee, and your application will continue to be processed with priority.

However, it’s important to note that 15 days is the time for USCIS to issue “a decision” – not necessarily an approval decision. Within these 15 days, USCIS may:

• Approve your petition
• Deny your petition
• Issue a Request for Evidence (RFE)
• Issue a Notice of Intent to Deny (NOID)

This means that using premium processing for the EB3 program does not guarantee a positive outcome, but only guarantees you’ll know the result faster.

3. Which Stages of the EB3 Process Can Apply Premium Processing?

To better understand the true value of premium processing, it’s important to know what stages the EB3 visa application process includes and which stages can be expedited.

The EB3 application process typically includes three main steps:

Step 1: PERM Labor Certification (Program Electronic Review Management) This is the first and most time-consuming step in the entire process. The employer must file a labor certification application with the U.S. Department of Labor (DOL) to prove that there are no qualified U.S. workers for the offered position. According to the latest data from DOL, the average processing time for PERM is currently about 16 months, potentially up to 2-2.3 years including preparation steps.

Important: Premium processing does NOT apply to the PERM stage. The Department of Labor does not provide expedited processing for any cases. This is a point that many EB3 applicants often misunderstand.

Step 2: Form I-140 After PERM is approved, the employer will file Form I-140 with USCIS. This is the official petition to classify the worker in the EB3 category. Standard processing time for I-140 is about 6-8 months.

This is the only stage where premium processing can be applied in the EB3 visa process. If the employer or applicant chooses to use premium processing, the I-140 petition will be processed within 15 business days instead of 6-8 months.

Step 3: Waiting for Visa Number Availability and Filing Adjustment of Status (I-485) or Consular Processing Even when the I-140 petition is approved, EB3 applicants cannot receive a green card until their Priority Date becomes “current” according to the monthly Visa Bulletin published by the U.S. Department of State. This waiting time depends on the applicant’s country of origin and overall demand in the EB3 category.

Premium processing does NOT apply to this stage. This service cannot expedite visa number issuance or shorten I-485 processing time.

4. Limitations and Cases Where Premium Processing Does Not Provide Value

Despite many advantages, premium processing is not always the optimal choice for all EB3 applicants. Here are important limitations to note:

1. Does not shorten total time to receive green card: This is the most important point that many people often misunderstand. Premium processing for the EB3 program only expedites the I-140 step, not the entire process. Even if your I-140 is approved in 15 days, you still must:

• Wait for PERM to be approved beforehand (about 16 months)
• Wait for Priority Date to become current (can be from several months to many years depending on country)
• Go through I-485 or consular processing (6-24 months)

Average total time for the entire EB3 process is still 3-5 years, even up to 10 years for applicants from high-demand countries like India and China.

2. High cost without guaranteed approval: At $2,805, premium processing is not cheap. More importantly, it only guarantees a quick decision, not a positive outcome. If your application has weaknesses or lacks evidence, you may receive a negative result – and USCIS will not refund the premium processing fee in case of denial.

3. No benefit when Priority Date is far away: If your Priority Date is still several years away from the current date (this is very common for EB3 visa applicants from high-demand countries), having the I-140 approved early provides no practical benefit. You still have to wait until the Priority Date becomes current before proceeding to the next step.

4. May lose H-1B extension advantage: In some specific cases, having the I-140 pending for 365 days (without being approved) is actually more beneficial for H-1B extensions. If you use premium processing and receive a negative result, you may lose this advantage.

5. Does not apply to PERM and other steps: As mentioned, premium processing only applies to I-140. The PERM stage – which accounts for most of the waiting time in the EB3 process – cannot be expedited at all. This makes the overall impact of premium processing for the EB3 program on the entire timeline limited.

5. When Should You Use Premium Processing for EB3?

Based on the above analysis, premium processing is truly valuable in the following situations:

1. Priority Date is current or about to become current: This is the most important case. If you check the Visa Bulletin and see that your Priority Date is current or will become current in the next few months, using premium processing for the EB3 program to get I-140 approved quickly makes complete sense. This allows you to file I-485 immediately and saves 6-8 months of waiting.

2. Temporary visa is about to expire: If you are on H-1B or another temporary visa that’s about to expire and need I-140 approval to extend, premium processing is a necessary option. This is especially true if you’re near the end of your 6-year H-1B limit and need I-140 approval to extend further.

3. Strong application with complete evidence: If you and your lawyer are confident about the strength of your EB3 application and have prepared all documents, premium processing helps you receive approval quickly.

4. Need certainty for financial or family plans: If you’re planning to buy a house, bring family to the U.S., or have important financial commitments, knowing the I-140 result early helps you make more accurate decisions.

5. Employer needs to make quick hiring decisions: For businesses, especially companies in technology or healthcare facing severe labor shortages, premium processing helps them know whether they can retain foreign employees long-term or need to seek replacement candidates.

6. Need concurrent filing: In certain months, USCIS allows concurrent filing of I-140 and I-485 if the Priority Date is current. In this case, having I-140 processed quickly through premium processing for the EB3 program can help expedite the entire process.

6. How to File for Premium Processing

If after consideration you decide to use premium processing for your EB3 petition, the process is as follows:

Step 1: Your employer or immigration attorney needs to complete Form I-907 (Request for Premium Processing Service).

Step 2: File Form I-907 along with the $2,805 fee. This form can be filed simultaneously with I-140 or after I-140 has been filed and is pending (called an upgrade request).

Step 3: USCIS will send a receipt confirming they have received the premium processing request. From this point, the 15 business days countdown begins.

Step 4: Track application status through USCIS’s online system using the receipt number.

Important note: If you file Form I-907 by mail and send it after March 1, 2026, you must use the new fee (if there’s a change). If you send the wrong fee amount, USCIS will reject the form and return the fee.

7. Premium Processing and the Employer’s Role

In the EB3 program, the employer serves as the petitioner for the I-140 petition, so they also have the right to decide whether to use premium processing. Typically, the employer will pay the premium processing fee, although in some cases, they may request the employee to reimburse afterward if both parties agree in writing.

According to Department of Labor regulations, employers are required to pay all costs related to the PERM process and the basic I-140 filing fee. However, the premium processing fee is not on the list of mandatory fees that employers must bear, so who pays this fee can be negotiated between the two parties.

For businesses facing severe labor shortages in fields such as warehousing, logistics, hospitality, food processing, and healthcare, many employers are willing to pay the premium processing fee for the EB3 program as an investment to ensure they can retain international talent long-term.

8. Recent Changes and Trends in Premium Processing

In recent years, USCIS has expanded the scope of premium processing to more visa categories. As of 2025:

• All I-140 petitions in the EB-1 category (including EB-1C) and EB-2 (including NIW) are eligible for premium processing.
• I-140 petitions in the EB3 category (including Skilled Workers, Professionals, and Other Workers) are also eligible for premium processing with a 15-day processing time.

A notable trend is that more and more employers choose premium processing immediately when PERM is approved, not to “jump the queue” in the visa waiting list, but to ensure I-140 is approved quickly and create certainty for next steps.

According to analysis from major law firms, about 57% of applicants eligible for EB-1 and EB-2 have chosen to use premium processing, reflecting very high demand for speed in application processing.

9. Alternative Options and Optimal Strategies

If you decide not to use premium processing for EB3 visa, there are several other strategies you can consider:

1. Prepare application carefully from the start: Standard processing time can be significantly shortened if your application is perfect and doesn’t need RFE. Work closely with an immigration attorney experienced in the EB3 program to ensure all evidence is complete and accurate.

2. Monitor Priority Date regularly: Check the Visa Bulletin monthly to know when your Priority Date is about to become current. Then you can consider using premium processing if I-140 hasn’t been approved yet.

3. Consider EB-2 or other programs: In some cases, if you have a master’s degree or high professional experience, switching to EB-2 can help shorten overall waiting time.

4. Plan long-term: View EB3 as a 4-year (48-month) project from the start. This helps you be mentally better prepared and make appropriate financial and career decisions.

10. Impact of Immigration Reform Bills

A bright spot in the future is immigration reform efforts currently being discussed in the U.S. Congress. Particularly, the Dignity Act has the potential to significantly reduce EB3 processing time.

One important proposed change is how annual visa quotas are calculated: instead of counting each family member individually, the entire family will be counted as one unit. This could free up tens of thousands of EB3 visa numbers each year and significantly shorten waiting time for Priority Dates.

If these reforms are passed, the role of premium processing for the EB3 program may become more important, as applicants will have stronger motivation to expedite steps that can be expedited in the process.

11. Conclusion: Is EB3 Premium Processing Worth It?

The answer to the question “Is EB3 premium processing worth paying the extra fee?” is not a simple “yes” or “no” – but depends entirely on each person’s specific circumstances.

Premium processing is truly valuable and worth investing in if:

• Your Priority Date is current or about to become current in a few months
• You have a temporary visa that’s about to expire and need I-140 approval to extend
• Your application is strong and has complete documentation
• You or your employer need certainty for long-term plans
• The $2,805 cost is not a major financial burden

Conversely, premium processing for the EB3 program may not be necessary if:

• Your Priority Date is still several years away from becoming current
• Budget is limited
• Your application has weaknesses that need more time to prepare
• You don’t have any urgent reason to need quick results

The most important thing is to clearly understand that premium processing is just one tool in your overall immigration picture – it can be useful in specific situations, but is not a solution to shorten the entire EB3 visa application process.

Finally, the decision whether to use premium processing for EB3 should be made after consulting with an experienced immigration attorney who can specifically assess your circumstances, application strength, and personal roadmap to provide the most appropriate recommendation.

Newland USA, with a team of experienced experts and the motto “Stable settlement – Lifetime prosperity,” is ready to advise and support in preparing applications and accompany clients throughout the EB3 immigration process to the U.S. Contact Newland USA now via hotline 0785591988 or email: newsletter@newlandusa.asia for detailed and free consultation.

Learn more:

• Common Questions About Settling in the U.S. Through EB3 Manufacturing Employment
• Requirements to become an automotive mechanic in the USA through EB3 Visa
• How Important is Form I-140 in the EB3 Visa Process?
• Why Choose EB3 U.S. Immigration Through the Medical Glove Manufacturing Industry in 2026?
• What Factors Affect EB3 Immigration Processing Time to the United States?