EB2 NIW Premium Processing: Is It The Right Choice For You?

Every week in my practice, I get calls from clients asking: "Should I use Premium Processing for my petition?" I understand exactly what's behind this urgency—you need clarity about your future in the U.S. You've invested time, resources, anxiety, and hope into this process, and I completely get it.

Let's dive deeper into what Premium Processing is really about, discuss the pros and cons, and help you confidently decide if it's the right strategy for your individual immigration journey.

Why Applicants Are Drawn to Premium Processing

I can list plenty of reasons why people lean toward Premium Processing:

• You're approaching the end of your six years of H-1B status (your "H-1B maxout") and you urgently need clarity on your next step.
• You might take another job offer overseas pending your U.S. immigration outcome.
• Your spouse needs your approved I-140 quickly for their H-4 Employment Authorization Document (EAD).
• You are concerned your current immigration status may expire before approval.
• You're simply exhausted from the long wait and want peace of mind as soon as possible.

All these reasons are understandable, and knowing your immigration status sooner rather than later is a huge relief. Premium processing provides clarity fast, usually in a matter of weeks rather than months or even a year or more.

The Hidden Challenges of Premium Processing

There's a big catch to consider, though. From years of handling these cases, I've seen a pattern emerge: premium processing can increase the risk of receiving a Request for Evidence (RFE). Why is this?

USCIS adjudicators have tight timelines, large caseloads, and fixed working hours. This schedule can often force adjudicators to rush their reviews. Under pressure, some adjudicators may inevitably issue RFEs hastily, sometimes producing what attorneys in our field call a "kitchen sink RFE."

I have personally seen RFEs where they incorrectly spelled the applicant's name, misstated their professional specialty, or even mixed up the applicant's gender. Worse, I've seen them reject broad aspects of a strong case without specific rationale—asking us to essentially re-prove every point from scratch. Responding to RFEs like this is onerous, expensive, and time-consuming. Worse, such rushed and broad-ranging RFEs may increase the chance of denial.

But let me also be crystal clear—we don't have official, publicly available data from USCIS definitively proving premium processing leads to more RFEs. What we have are many experienced immigration attorneys, myself included, sharing their anecdotal experiences.

Important Factors to Consider Before Choosing Premium Processing

Before you jump onto premium processing, consider these questions objectively and strategically with your attorney:

1. Is your case truly time-sensitive?

• Do you need approval immediately to maintain your immigration status?
• Do you need clarity urgently due to other career opportunities or family circumstances?

2. Does premium processing practically advance your position?

• For instance, if you already hold an approved I-140 from a Labor Certification case, Pursuing Premium processing on an additional I-140 (EB2 NIW) won't change your priority date.

3. Are you prepared for a potential RFE?

• Does your budget accommodate the Premium Processing fee and additional potential legal expenses in case an RFE does happen? (Actually, make sure you consider this at the outset for any USCIS filing, as any filing can trigger an RFE.)
• Do you have the time, resources, documents, and emotional bandwidth to respond comprehensively to an RFE, soon?

4. Could premium processing significantly benefit your dependent family members?

• Your spouse might want an H-4 EAD, and a swift decision could materially improve your family's quality of life, career options, or financial security.

How Do Immigration Attorneys Feel About Premium Processing?

I admit freely, as an immigration attorney, I love clarity too. Attorneys thrive on clarity:

• We love knowing quickly whether or not our filing strategies are working.
• Quick feedback enhances our ability to stay current with USCIS trends and tweak case strategies proactively.
• Adjudication patterns revealed swiftly through cases filed with Premium Processing can inform and strengthen our future cases.
• We prefer giving clients timely, definitive results instead of spending months responding to anxiety-filled status inquiries when we have no news.

Frankly, we also appreciate Premium Processing because it allows us to move forward with next steps sooner. We would much rather get busy preparing your I-485 adjustment of status application than answer your 14th inquiry about whether we, too, are worried that your petition is taking USCIS this long.

But despite these compelling benefits, I still caution my clients—and I urge you too—to evaluate Premium Processing very carefully. Choosing Premium Processing isn't simply a calculation about financial affordability, nor is it merely a tool to ease anxiety. The decision should fit carefully into your broader immigration strategy, centered around maximizing your eventual success.

Bottom Line: Make an Informed & Intentional Decision

I've practiced immigration law for many years, and if there's one thing I’ve learned—no two immigration journeys are exactly the same. Each applicant has unique priorities, pressures, and goals. Your decision about premium processing should come from thoughtful reflection and deliberate strategy, not just from the understandable anxiety of waiting.

With your immigration attorney, thoroughly assess:

• Your case strength, readiness, and overall clarity.
• The urgency and necessity of a swift official response.
• Your family’s specific career-based, status-related, and personal considerations.
• The financial, emotional, and practical consequences of receiving an RFE or having to resubmit materials.

Premium processing can be an empowering choice that brings immense clarity. But only move forward if you've carefully weighed and accepted both the benefits and drawbacks associated.

I'll leave you with this final thought, from one immigration strategist to another—focus less on short-term anxiety and more on your bigger picture goals. By doing so, you'll select the premium processing path that genuinely advances your long-term immigration dreams in the best possible way.