I-765 Premium Processing: Expedited Approval Guide

The United States Citizenship and Immigration Services (USCIS) offers an expedited processing option called premium processing for certain immigration forms, including Form I-765, Application for Employment Authorization. This service allows applicants to pay an additional fee to receive faster processing times for their petitions, ensuring a more efficient path to employment authorization.

Beginning April 3, 2023, the USCIS has extended premium processing to include certain F-1 students seeking Optional Practical Training (OPT) and F-1 students pursuing science, technology, engineering, and mathematics (STEM) OPT extensions. This expansion allows eligible individuals to file Form I-765 along with Form I-907 either online or by mail, providing a quicker route to obtaining their work permits and starting their careers in the United States.

While the implementation of the expanded premium processing for Form I-765 will be phased in over several years, it offers hope for applicants who previously had to wait longer periods for their employment authorization to be processed. The service brings a sense of certainty and efficiency to both foreign students and the U.S. employers who are eager for their valuable skills and contributions to the workforce.

Overview of I-765 Premium Processing

Benefits of Premium Processing

Premium processing offers expedited processing for Form I-765, Application for Employment Authorization, along with other forms like I-129 and I-140. This service comes with a fee but provides significant advantages for applicants, such as a reduced processing time that does not exceed 30 days. By opting for premium processing, applicants can achieve faster approval of their Employment Authorization Document (EAD), allowing them to start working in the United States sooner.

Eligible Immigration Categories

The United States Citizenship and Immigration Services (USCIS) has expanded the categories of forms eligible for premium processing. The I-765 form is one such eligible form, filed by foreign nationals who wish to obtain legal permission to work in the U.S. While premium processing is available for the I-765 form, certain classifications under Form I-140, such as those for B-1/B-2 applicants, may not be specifically covered. For a comprehensive list of eligible immigration categories, it is recommended to confirm with the USCIS website.

In summary, the I-765 premium processing service offers valuable benefits to eligible applicants, such as reduced processing times and faster approval. This service is available for various immigration categories and aids foreign nationals in obtaining legal permission to work in the United States more efficiently.

Form I-765 and Employment Authorization

Purpose of the Form

Form I-765, also referred to as the Application for Employment Authorization, is a document submitted to the United States Citizenship and Immigration Services (USCIS) by certain noncitizens. The purpose of the form is to request an Employment Authorization Document (EAD), which grants temporary employment authorization within the U.S. In some instances, noncitizens with no restrictions on their ability to work in the U.S. may use Form I-765 to obtain an EAD as proof of their work authorization.

Requirements for Application

To apply for an EAD using Form I-765, applicants must meet specific criteria. Some of the primary requirements include:

• Eligibility: The applicant must be a noncitizen who is either authorized to work in the U.S. without restrictions or falls under a specific category that is eligible for an EAD through the Form I-765 process.
• Documents: Applicants need to provide supporting documentation related to their eligibility for an EAD. This can include proof of their current immigration status, identification documents, and any other relevant materials.
• Fees: There is a filing fee associated with Form I-765. The current fee can be found on the USCIS website. In some cases, fee exemptions may be available for certain applicants, but these exemptions require additional documentation.

Applicants who meet all the necessary requirements and submit a complete application can expect USCIS to review their case and provide an outcome. In some cases, premium processing may be available to expedite the processing of Form I-765, allowing applicants to receive their EAD faster.

Forms and Petitions Related to Premium Processing

Premium processing is an expedited service offered by U.S. Citizenship and Immigration Services (USCIS) for certain forms and petitions. This service allows petitioners to receive a faster processing time in exchange for an additional fee. The main forms eligible for premium processing are Form I-907, Form I-140, and Form I-129.

Form I-907

The Form I-907 is the Request for Premium Processing Service. It is used to request faster processing for specific types of immigration petitions and applications. By filing this form and paying the associated fee, petitioners can expect a response from USCIS within 15 calendar days.

Form I-140

Form I-140, the Immigrant Petition for Alien Worker, is used by businesses to petition for an alien worker to become a permanent resident in the United States under the employment-based (EB) immigrant visa categories. In some cases, premium processing is available for Form I-140, allowing employers to expedite the processing time for their petitions. Premium processing can be particularly helpful for EB-1C (Multinational Executive and Manager) and EB-2 (National Interest Waiver) petitions.

Form I-129

Form I-129, the Petition for Nonimmigrant Worker, is used by employers to petition for a nonimmigrant worker to be temporarily employed in the United States. Some nonimmigrant categories eligible for premium processing include H-1B (Specialty Occupation) and E-2 (Treaty Investors) and E-3 (Australian Specialty Occupation) visas. Form I-129 also plays a role in the Optional Practical Training (OPT) extension process for certain F-1 students with STEM degrees, who can request premium processing for their Form I-765, Application for Employment Authorization.

Premium processing can provide a significant advantage to petitioners and applicants who need a quicker decision on their immigration cases. By utilizing the expedited services available through Form I-907, Form I-140, and Form I-129, both businesses and individuals can potentially save time and reduce uncertainties in the immigration process.

Processing Times and Fees

Standard Processing Times

The processing times for the I-765 form, also known as the Application for Employment Authorization, can vary depending on the applicant’s specific category and the service center’s workload. The United States Citizenship and Immigration Services (USCIS) posts up-to-date processing times on their Processing Times page.

To check the status of an individual case, USCIS offers a Case Status Online tool. Applicants should be prepared for potential backlogs and delays, which can contribute to longer processing times.

Premium Processing Fees

USCIS recently expanded the premium processing service to include certain classifications of Form I-765, which provides expedited processing for an additional fee. The Request for Premium Processing Service (I-907) allows applicants to pay extra for faster processing times.

Currently, the premium processing service costs an additional $2,500 for eligible I-765 categories. Applicants receiving this expedited service can expect their applications to be processed within 15 calendar days.

Filing Fees for Related Forms

Besides the filing fee for the I-765 form itself, there may be additional fees associated with related forms. For example, the filing fee for Form I-539, the Application to Extend/Change Nonimmigrant Status, and Form I-824, the Application for Action on an Approved Application or Petition, may need to be paid separately if filed together with the I-765 form. As of April 1, 2022, USCIS no longer accepts a single, combined fee payment for these forms when filed with a Form I-129, the Petition for a Nonimmigrant Worker. The exact filing fees for each form can be found on the USCIS website.

Employment-Based Immigration Categories

EB-1

The EB-1 category is for multinational executives and managers. These individuals must have worked outside the United States in a managerial or executive capacity for at least one year within the three years preceding their petition. They must also be coming to the U.S. to work in a similar capacity for the same employer or a subsidiary or affiliate.

EB-2

The EB-2 category encompasses professionals with advanced degrees and individuals with exceptional ability. Advanced degrees refer to any degree beyond a bachelor’s degree, while exceptional ability means the individual possesses a degree of expertise significantly above that ordinarily encountered in the relevant field.

An EB-2 national interest waiver (NIW) can be granted to foreign nationals with advanced degrees or exceptional ability if it is in the best interest of the United States. The applicant must demonstrate that their proposed endeavor has substantial merit and national importance, and that they are well-positioned to advance the proposed endeavor.

Nonimmigrant Worker Categories

The premium processing service, which expedites the processing time for certain immigration petitions, also applies to Form I-129, Petition for Nonimmigrant Worker. This form covers various nonimmigrant worker categories, including H-1B, L-1, and O-1 visa petitions. Premium processing allows for a 15-calendar-day processing time, provided the applicant pays an additional fee.

In addition to the nonimmigrant worker categories, USCIS has expanded its premium processing service to include Form I-765, Application for Employment Authorization, for certain F-1 students seeking Optional Practical Training (OPT) and STEM OPT extensions. This enables a faster processing time for eligible applicants.

Practical Training and Nonimmigrant Status

F-1 OPT Process

F-1 students can participate in Optional Practical Training (OPT) to gain practical experience in their field of study. There are two types of OPT: pre-completion and post-completion. Pre-completion OPT allows students to work part-time during their academic program, while post-completion OPT permits full-time employment after completing their degree.

To apply for OPT, F-1 students must first obtain a recommendation from their Designated School Official (DSO) and then file Form I-765, Application for Employment Authorization. As of March 6, 2023, eligible F-1 students seeking OPT can request premium processing for their Form I-765 applications by filing Form I-907 and paying the required fee.

STEM OPT

STEM OPT is an extension of post-completion OPT for F-1 students who have completed a degree in a qualifying science, technology, engineering, or mathematics (STEM) field. This extension allows eligible students to work for an additional 24 months, totaling up to 36 months of practical training.

Similar to the standard OPT process, F-1 students seeking STEM OPT extensions must obtain a recommendation from their DSO and submit Form I-765. Those wishing to expedite the process can also request premium processing by filing Form I-907 and paying the required fee.

Other Nonimmigrant Classifications

Apart from F-1 students, other nonimmigrant classifications, such as F-2, J-1, J-2, M-1, M-2, H-4, L-2, O-3, P-4, and R-2, may also be eligible for practical training or employment authorization, depending on their specific visa status and eligibility criteria. In most cases, these individuals must also file Form I-765 to request employment authorization.

For example, M-1 students can participate in practical training after completing their vocational program by obtaining a recommendation from their DSO and submitting Form I-765. Similarly, J-1 students may engage in academic training, an equivalent to practical training, which requires authorization from their program sponsor.

It is essential for individuals in various nonimmigrant visa categories to consult with their DSO, program sponsor, or immigration attorney to understand their specific eligibility and application requirements for practical training or employment authorization.

Application and Adjudication Process

Filing Procedures

Applicants must submit their I-765 applications for premium processing according to the specific requirements associated with their visa type, such as E-1. When submitting the form to the USCIS, it should be sent to the designated filing address, typically the Chicago Lockbox. Along with the application, an online access code may be required for certain form types.

In cases where the applicant is represented by an attorney or representative, Form G-28 should be included with the application. This ensures proper communication between the U.S. Citizenship and Immigration Services (USCIS) and the designated representative.

Premium processing is now available for select I-765 applications, such as those for Employment Authorization Documents (EAD) as well as alien workers petitioning for STEM Optional Practical Training (STEM OPT)^[1^].

Notice of Intent to Deny

During the adjudication process, USCIS may send a Notice of Intent to Deny (NOID) if the evidence provided with the application does not meet the eligibility requirements. Applicants then have 30 days to respond with further documentation or argument addressing the concerns raised in the notice. USCIS will take the response into consideration when making their final decision.

Request for Evidence

If, during the investigation, USCIS requires additional information, they will issue a Request for Evidence (RFE). This should be answered promptly, providing all the requested documentation to increase the chances of a favorable outcome. It’s crucial to carefully read and understand the requirements outlined in the RFE, and to respond within the specified time frame to avoid delays or denial.

In summary, to successfully apply for I-765 premium processing, applicants must follow proper filing procedures, be prepared to address any Notice of Intent to Deny, and respond to Requests for Evidence in a timely and comprehensive manner. By doing so, they can improve their chances of a favorable outcome and expedited processing.

Important Considerations and Resources

Potential Delays and Issues

It is important to be aware of potential delays and issues when requesting premium processing for Form I-765, Application for Employment Authorization. Some of these may include the processing of a petition for nonimmigrant worker, reaching the annual cap for certain visa categories, receiving a notice of intent to deny, or a request for evidence from USCIS.

Expedited processing may also not be available for certain visa categories, such as the H-3 nonimmigrant visa. Additionally, premium processing does not guarantee approval, and applicants should still be prepared for potential denials or requests for additional information.

Legal Advice

Seeking legal advice from an experienced immigration attorney is highly recommended when considering premium processing for the I-765 form. Immigration lawyers can help address any concerns, provide guidance on the application process, and assist with any issues that may arise, such as responding to a request for evidence or a notice of intent to deny.

Legal advice can be particularly helpful for those applying under the EB-1 and EB-2 immigrant classifications, as these categories require a comprehensive understanding of the eligibility criteria and application requirements.

USCIS Contact Information

Staying up-to-date with the latest information from the U.S. Citizenship and Immigration Services (USCIS) can help applicants better navigate the premium processing process for their I-765 application. USCIS updates on premium processing availability for different forms and categories can be found on their website.

Applicants can also contact USCIS directly through their customer service hotline or by scheduling an in-person appointment at a local field office. Keeping in touch with USCIS for any updates on case status or application requirements is essential to ensure a smooth premium processing experience.

By being informed about potential delays and issues, seeking legal advice, and staying connected with USCIS, applicants can better prepare for the premium processing of their I-765 application and increase their chances of a successful outcome.