Premium Processing Delays Other Petitions
Posted Mar 28, 2003

As has been apparent to many, the Premium Processing program has caused delays in processing routinely-filed applications and petitions. The Office of the Inspector General announced this finding in a February 2003 Audit Report. As regular MurthyDotCom and MurthyBulletin readers will recall, the Premium Processing program provides for expedited processing of Form I-129, Petition for Nonimmigrant Worker, in exchange for an additional filing fee of $1,000. The I-129 is used for employer petitions for nonimmigrant workers, such as the H1B and L-1. Several articles regarding Premium Processing can be found on MurthyDotCom, including our June 1, 2001 article, INS Set to Begin Premium Processing June 1, 2001, and, from June 8, 2001, INS Issues Instructions for Premium Processing.

The Premium Processing program provides that the Petition will be reviewed in 15 days. This could mean an approval or, if the case is not sufficiently documented in the view of the adjudicator, a Request for Evidence (RFE). In the case of an RFE, the INS (now BCIS) has an additional 15 days to process the case after receipt of the additional documentation. If these guidelines are not met, the $1,000 is supposed to be returned.

The program was intended, in part, to reduce backlogs in processing. The regulation allowing for the collection of the $1000 fee states that the additional funds collected are to be used to hire additional personnel, to improve service for all applications and petitions. Unfortunately, it is not having the desired effect. The audit recommended that the $1000 fee be studied, to determine if the money is being allocated as required by law.

The audit found that the, then, INS, had largely met the 15-day deadlines for case processing. This is consistent with our experience at The Law Office of Sheela Murthy. However, the processing of the cases that did not use premium processing was delayed. This, too, is consistent with our experience. According to the audit, the backlog has increased steadily to a level of 3.2 million in September 2002. There is not sufficient information to determine the cost of running the Premium Processing program. Therefore, although the program generated $115 million dollars in Fiscal Year 2002, there is not enough information to determine whether resources are properly allocated. To date, the program has generated over $136 million in additional fees.

The audit found that there has been inadequate oversight of the Premium Processing program, which is exceeding its projected revenue and is in need of "active managerial scrutiny." The audit concludes that, in order for the Premium Processing program to reach its objective of reducing backlogs, there is a need for greater efficiency in the adjudications process. To meet this objective, the BCIS must generate data regarding the amount of resources (human and otherwise) needed for the program.

It is unclear whether this report will cause any changes in either Premium Processing or regular processing at the Service Centers. We encourage the BCIS to use this report to continue the important Premium Processing Service while improving regular processing systems.