Does Using Premium Processing Increase My Chances of an RFE?

At the Murthy Law Firm, we are regularly asked whether using premium processing increases the risk that a case may be issued a request for evidence (RFE). We have not necessarily seen a significant increase in the issuance of RFEs for cases filed in premium processing over regular processing cases. There are factors, however, that may prompt officers to issue RFEs for cases filed in premium processing.

Why may Premium Processing Increase My Chances of Receiving an RFE?

When filing a case via premium processing, the United States Customs and Immigration Service (USCIS) officer has a total of 15 business days to adjudicate H1B, L-1, and most I-140 petitions, 30 days for F-1 applications and certain applications for work authorization, and 45 days for I-140 petitions for multinational executive / manager and national interest waivers. These time frames are much shorter than the 3.5-month (or longer) window that the officer would have if the case was filed via regular processing. Additionally, the officer likely has a large caseload that needs to be completed within posted processing times. This could cause an officer to briefly review the premium processing case and issue an RFE that normally would not be issued. It is possible that officers could use this as a delay tactic to garner more time for reviewing the case. Such a tactic is more prevalent for I-140 petitions than for other types of filings.

Why is it Still Advantageous to File a Case via Premium Processing?

In the event that an individual receives an RFE on a premium processed case, once the response to the RFE is filed, the officer only has the premium processing time frame for each type of case to issue a decision. If the officer issued an RFE as a delay tactic, often the responses to these RFEs are simple, requiring little time to prepare and return a response to the USCIS officer, who then only has a specific number of days to issue a decision. Filing via premium processing, even in the event of an RFE, still will likely be processed more quickly than a petition filed without premium processing.

Conclusion

While in most instances filing a case via premium processing will not increase your chance of an RFE, it is possible that a USCIS officer could use an RFE as a type of delay tactic. However, even in the event of an RFE, it is likely that the petition still will be approved more quickly if filed via premium processing than with regular processing.

Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved