Premium processing
What the 45-business-day clock does, and what it doesn't.
With premium processing, USCIS must act on an EB-1C I-140 within 45 business days. All pending and new EB-1C petitions have been eligible since January 30, 2023.[1,2]
A business day is a day the federal government is open. Weekends, federal holidays and days federal offices are closed for weather or other reasons don't count, including closures only in the region where the case is decided.[1,3]
USCIS's page says the clock starts when it receives a properly completed Form I-907 with the fee at the correct address. For EB-1C, the regulation is stricter: the 45 business days start only on the date USCIS has received the form, the fee and all prerequisites for adjudication. USCIS doesn't list what those prerequisites are for an I-140.[1,2,4]
◈High confidence USCIS doesn't publish whether the receipt day counts as day 0 or day 1, and it doesn't show a running count. The calculator below shows both readings; treat any end date as an estimate.[1,2]
Within the timeframe, USCIS must issue an approval, a denial, an RFE or a NOID. An RFE counts, so premium processing can end with a request for more evidence instead of a decision.[1,4]
◈High confidence Premium processing sets a deadline for USCIS to act. The eligibility rules and the standard of proof stay the same.[1,5]
An RFE or NOID stops the clock. A new, full 45-business-day period starts on the day USCIS receives the response; the clock doesn't resume where it stopped.[1,2,4]
If USCIS doesn't take one of those actions in time, it refunds the premium processing fee and keeps processing the case. The exception: if USCIS opens an investigation for fraud or misrepresentation, it may keep the fee and not act within the timeframe, without notifying you.[1,2]
USCIS can suspend premium processing for a category if circumstances prevent it from meeting the timeframe for a significant number of cases; it announces availability on its website.[1]
How to request it
- 1.With a new petition: if you file by mail, send Form I-907 together with the I-140 to the I-140 filing address and pay each fee separately. USCIS pages have given conflicting instructions about filing Forms I-140, I-907 and I-485 together online. Check the current form instructions and the Forms Available to File Online page before choosing how to file.[6,7,8,9]
- 2.Upgrading a pending I-140: since October 7, 2026, a standalone Form I-907 sent by mail goes to the USCIS lockbox that the Direct Filing Addresses for Form I-140 page lists for the state where the beneficiary will work, with a copy of the I-797 receipt notice. USCIS accepts one sent to the previous location if it is postmarked on or before November 9, 2026. If the I-140 receipt number starts with IOE, you can instead upload a standalone I-907 in the online account.[2,6,8,10]
- 3.Timing: an upgrade is allowed any time before USCIS makes a final decision, including while an RFE is outstanding. It isn't available for a case reopened after a decision.[4]
- 4.Who can file: the U.S. employer, or its attorney or accredited representative with Form G-28. The employee can't sign or file Form I-907, though the employee may pay the fee.[2,4]
- 5.Check the address on the day you mail it, because USCIS's own pages currently disagree. The Direct Filing Addresses for Form I-140 page, updated October 7, 2026, sends a standalone I-907 to a lockbox. The premium processing page, last updated March 23, 2026, still says to file it with the service center where the I-140 is pending and that one filed at a lockbox is rejected. Form I-907's own page sends I-140 filers to the Form I-140 page, which links to the address page.[2,6,8,10]