INS Premium Processing Program Works Well
Posted Jun 21, 2002

As regular MurthyBulletin and MurthyDotCom readers are aware, the Premium Processing Program (PPP) is an expeditious way to process employment-based nonimmigrant petitions. The H1B petition is included in the category of petitions that enjoys the benefit of the PPP if an employer chooses to file for an expedited decision. The INS guarantees they will respond to a premium processing case within 15 calendar days from the date of filing. The INS filing fee for PPP cases is an additional $1,000 over and above the standard INS filing fees. INS sends receipt confirmation both by eMail and by U.S. post.

Wondering whether premium processing really works? We at The Law Office of Sheela Murthy have had very favorable experiences with premium processing. In many cases, it can take just a matter of days to receive a decision from INS regarding a premium processing application. Most often, INS will respond to an application faster than the allotted 15 days via an eMail notification. The original, hardcopy approval notice will then follow in the mail, reaching the recipient in approximately one to two weeks. Please note that the service centers do not all operate at the same rate, with Vermont usually taking the lead in its speed for PPP case approvals.

With AC21 portability, an approval notice, in many instances, is not needed in order to start working for a new employer. However, premium processing is very useful in cases with the individual beneficiary is overseas or changing to H1B from some other category. Additionally, some people use the program even when an approval notice is not needed. Instances of this occur if one wants to ensure his or her "transferred" case is approved before quitting a current job or before relocation to a new employer location. It also may help one just to sleep at night, not having to wait for months to learn that the case has been approved.

The law that authorized the PPP also allows INS to implement the program for permanent employment-based petitions (I-140s). INS indicated their intent to phase in an I-140 Premium Processing Program. To date, however, such a program has not been implemented. Most likely this issue is not a high priority for INS. As mentioned during the AILA Annual Conference at San Francisco, June 12-16, 2002, the INS has put a permanent hold on including I-140s under the PPP in this post-9/11 enforcement environment. If there are any further developments on PPP for I-140s, however, we will provide an update in the MurthyBulletin and on MurthyDotCom.