INS Discusses Premium-Processing Program
January 25, 2001
The following is a summary of a recent meeting at which immigration personnel described their anticipated plans for a program to provide expedited processing of certain employment-based petitions in exchange for a $1,000.00 additional fee. The summary is provided by AILA, and appears below:
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INS PREMIUM PROCESSING PROGRAM
SUMMARY OF CURRENT PLANS
AS INDICATED IN 1/12/01 FOCUS GROUP MEETING
Following is a summary of the information provided by the INS at a “focus group” meeting to discuss implementation of a premium-processing fee for expedited processing of petitions. Much of what was discussed is a medium and long-term "wish list" with no certainty when or if any particular feature will be included. It represents merely preliminary planning on the part of INS.
When It Might Start
INS currently plans to introduce its premium-processing program sometime during the third quarter of fiscal year 2001 (namely, April 1, 2001 to June 30, 2001).
Price Tag
$1,000 per petition (above and beyond any other fees)
Anticipated Service to be Provided
- “Guaranteed” response within 15 calendar days
- Fee will be refunded if response not received from INS in 15 days (however, there will be no refund if fraud is found)
- Clock begins running when the filing is received at the Service Center, NOT when it is fee’d in
- Clock stops when RFE is sent to petitioner. Once response to RFE is submitted to INS, a new time frame will begin running (that time frame is not yet decided, but will likely be approximately10 days)
- Program to include some form of enhanced customer service/communications means, such as email, faxpress and/or separate mailing address
Phase-In of Program
- Will start off with only some categories of I-129s. H-1Bs are not leading contenders to be a start-off category because:
- High volume may overwhelm the system as it is trying to get up and running
- Still awaiting INS General Counsel opinion on how to deal with the legal issues surrounding the H-1B count and the related requirement that H-1Bs be processed in the order in which they are received
- INS will continue existing expedite systems and criteria, but once a visa category is added to the premium processing program, expedites outside of the program for those categories will be eliminated
- Nonprofits will continue to be eligible for expedites outside the premium processing program, even if the visa category has been added to the program
- INS plans to add some I-140s (most likely for L-1As and labor certification based) to the program in the future
- There may be some provision for “super expedites” –i.e., faster than 15 days—when existing criteria for an expedite are proven and the $1,000 fee is paid.
Program Details
- Program will be conducted at the four Service Centers
- A new form will be created to gather needed contact information
- INS declares that “the processing of other forms will not be allowed to suffer as a result of Premium Processing,” but cautions that the new processing obligations imposed by the LIFE legislation are likely to result in increased processing backlogs
- A separate check will be required for the expedite fee
Running the Premium Processing Program
- Existing, experienced Service Center personnel will be given the opportunity to move into this program. Any remaining openings will be filled by new personnel
- The Service Centers have a new contractor, which has pledged to turn around fee intake within 24 hours
- 109 new adjudicator positions, plus some clerical staff, are being added to accommodate the program
- INS has estimated that the program will receive 80,000 requests per year (but this estimate was made before the passage of the AC21 provision allowing H-1B portability)
- INS still is not sure how it will handle premium processing during future SWIP audits (the next one of which is scheduled for July)
- There are hopes that this program can be used as a “laboratory” for new systems and technologies
- Scope/timing of enhanced infrastructure (electronic filing, web based case management, etc.) uncertain
- Expansion to non-business applications/petitions (at a lower premium processing fee) a long term goal subject to Congressional approval.
Copyright © 2001, American Immigration Lawyers Association
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