My employer does not want to pay for EB-1B premium processing. Can I pay out of pocket?

First, it helps to clarify what premium processing actually is. It is an optional, fee-based service from USCIS that simply speeds up the review of the petition: it shortens the response time but does not change the outcome or improve the odds of approval. Choosing to use it or not is a matter of convenience, not a requirement.

In the EB-1B, which is an employer-sponsored green card pathway, the institution files as the petitioner and typically manages the petition and its associated costs. For that reason, the decision to request (or forgo) expedited processing usually rests with the employer.

The rules on who may cover each fee in the process can vary depending on the stage and the specific situation, and they change over time. Rather than assuming a fixed answer, the safe path is:

• Talk with your employer about the possibility of requesting the expedited service and who would cover the cost.
• Confirm the current payment rules at the official source.
• If needed, review your situation with an immigration specialist.

Because procedural and cost details change frequently, check the updated guidance at the official source (USCIS) before deciding how to proceed.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.