Understanding USCIS Premium Processing and Its Applicability to the EB-5 Program
guidance on how USCIS Premium Processing works and clarified its current inapplicability to the EB-5 Immigrant Investor Program (Form I-526).
WASHINGTON DC, DC, UNITED STATES, October 31, 2025 /EINPresswire.com/ -- Global Immigration Partners today issued guidance on how USCIS Premium Processing works and clarified its current inapplicability to the EB-5 Immigrant Investor Program (Form I-526).
While Premium Processing offers faster adjudication for certain employment-based immigration petitions, EB-5 investors should note that Form I-526 is not yet eligible for this service.
Is EB-5 (Form I-526) Eligible for Premium Processing?
As of today, the EB-5 investor petition (Form I-526) remains ineligible for USCIS Premium Processing. The service currently applies only to select employment-based forms, including:
Form I-129 – Petition for a Nonimmigrant Worker
Form I-140 – Immigrant Petition for Alien Worker
Form I-765 – Application for Employment Authorization (specific categories)
Form I-539 – Application to Extend/Change Nonimmigrant Status (specific categories)
Although USCIS has discussed expanding Premium Processing eligibility to include EB-5 filings, no official implementation has occurred to date.
How Premium Processing Works (for Eligible Petitions)
Premium Processing allows petitioners to file Form I-907 and pay an additional fee—currently about $2,805 for most I-129 and I-140 cases—in exchange for a guaranteed adjudication timeframe. If USCIS does not act within the designated period, the agency refunds the premium fee but continues expedited processing.
Current USCIS Premium Processing Timeframes
Form Type Eligible Categories USCIS Response Time
I-129 / I-140 (most) H-1B, L-1, O-1, EB-2, EB-3 15 calendar days
I-140 EB-1C / EB-2 NIW Multinational Manager/Executive, National Interest Waiver 45 calendar days
I-765 / I-539 OPT/STEM OPT, F/M/J status changes 30 calendar days
If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), the Premium Processing clock pauses and resumes when the applicant’s response is received.
Real-World Experience
Although USCIS guarantees specific processing windows, applicants’ experiences may vary. Some receive decisions in just a few days, while others experience minor delays due to workload, mailing issues, or system backlogs. In such cases, USCIS generally refunds the premium fee but continues to expedite the case.
EB-5 Petitions Remain Under Standard Processing
For EB-5 investors, standard USCIS processing times still apply. These can range from several months to over a year depending on case type, service center, and applicant nationality. At this time, there are no premium or expedited options for Form I-526 petitions.
Expert Insight from Global Immigration Partners
“As investor interest in the EB-5 program continues to grow, it’s essential to set accurate expectations regarding processing timelines,” said a spokesperson for Global Immigration Partners. “While Premium Processing can be a valuable tool for other employment-based petitions, EB-5 applicants must currently plan for standard adjudication times until USCIS officially expands eligibility.”
About Global Immigration Partners
Global Immigration Partners, headquartered in Washington, D.C., is a leading U.S. immigration law firm specializing in investor, business, and employment-based visa programs. With decades of combined experience, the firm provides strategic, results-driven immigration solutions to individuals, families, and corporations around the world.
For more information, visit https://globalimmigration.com
or contact [email protected]
.
EB5 Premium Processing
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