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June 1, 2001 - The Immigration and Naturalization Service ("INS") today launched its premium processing program designed to provide 15-calendar day processing on certain types of employment based petitions for an extra $1,000 fee per petition. If the petition is not processed within the 15-day period the INS will refund the premium processing fee and promises that the relating case will continue to receive expeditious service. Employers filing petitions in the following temporary employment categories may request Premium Processing Service starting today: E-1, E-2, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3 and Q-1. On July 30, 2001 INS will also make this service available to employers who file petitions for H-1B, TN or R nonimmigrants. Premium processing service is not available for immigrant or "green card" related petitions. Besides the expedited processing timeframe, benefits of the premium processing program include a Premium Processing Service unit at every Service Center that will have a unique address that will be used to file requests for Premium Processing to facilitate expeditious handling. In addition, each Service Center has dedicated phone number(s), fax number(s), and an e-mail address in order to provide enhanced customer service contact. Before sending in the $1,000 fee, employers are advised that the processing period that will be used to determine whether or not the INS meets the 15-day period will begin when the fee and processing request is delivered to the INS and will end upon the INS mailing of a notice. The notice may be a notice of approval, request for evidence, intent to deny or notice of investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to a notice of intent to deny, a new 15-day period will begin upon the delivery to the INS of a complete response to the request for evidence or notice of intent to deny. The premium processing program eliminates the former discretionary expedite process, wherein expedites could be requested on the basis of emergent circumstances, for the case types included in the program. However, discretionary requests from entities designated as non-profit by the Internal Revenue Service will continue to be entertained. Congress granted INS permission to create the premium processing program last fall to answer complaints from employers unhappy with commonplace 60 to 90 day delays for work visas. Critics of the program are concerned that it will create a dual tier system benefiting big business, but worsening service for those unwilling or unable to pay the extra $1,000 fee. Further information on the premium-processing program is available from the INS at the following URL: |
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