INS Set to Begin Premium Processing June 1, 2001
Posted Jun 01, 2001

The premium processing program, whereby certain cases can be expedited by payment of an additional $1000 over and above the standard INS filing fees, is set to begin on June 1, 2001. Initially, all types of nonimmigrant (temporary) cases are eligible, except H1B, TN, and R. (H1Bs should be added later, but INS would like to have a chance to implement the program before adding the expected, heavy H1B caseload.) For more information on the premium processing program and how it replaces other expedite methods, kindly refer to our May 11, 2001 MurthyBulletin article entitled Latest News from VSC (April 2001). Though that article relates specifically to the Vermont Service Center, much of the information may also provide an indication as to how the program may be implemented generally.
 
Under the premium program, INS is to complete cases within 15 days, unless INS needs to send a request for additional information. In that case, presumably INS will send that request (Request for Evidence, or RFE) within 15 days. For cases in the program, INS will set up a faster method of communication. Also, we are told that INS will establish a process to convert cases filed prior to June 1, 2001 to premium processing. There may also be a separate address for sending premium cases.

The concern of the American Immigration Lawyers Association (AILA) and many of its member attorneys is that the INS may divert its already stretched resources and provide more benefits to those who pay the extra premium fee, when others who file cases with already expensive fees will be relegated to even longer processing times. INS has assured AILA that they will get separate funding for the premium program and that other cases will not be ignored when priority is given to premium program cases. Let us wait and see the success of this program.