INS Premium Processing Program
Posted Jan 26, 2001

As previously reported in the MurthyBulletin, the latest budget legislation includes an authorization for INS to charge a premium processing fee of $1000 in order to have cases processed more quickly. INS indicated to the American Immigration Lawyers Association (AILA) in January 2001 that the premium processing program is set to begin some time in April, May, or June of 2001.

As described in the budget law, premium processing will pertain only to employment-based petitions, and it is up to INS which types of cases to include. INS plans to start with one type of nonimmigrant visa category (probably not H1B) and then add additional categories later. Payment of this $1000 fee will enable the case to be processed within 15 calendar days.

Much about this new program remains unclear. There is an existing, though far from perfect, expedite procedure for true humanitarian or business emergencies. Examples of questions for which the INS has not provided us any answers are:

Once employers start paying for faster service, will INS still consider expedites on a case-by-case basis for no additional fee?

Also, "processing" within 15 calendar days does not necessarily mean the cases will be completed. Rather, if additional information is needed the INS would issue a Request for Evidence (RFE) within those 15 calendar days. Of course there are cases where more information is truly needed. But many worry that INS may issue unnecessary RFEs just to meet the 15-day time frame.

Undoubtedly, as INS gets closer to implementing the program, more information will become available. Stay tuned to www.murthy.com for further updates.