Latest News from VSC (April 2001)
Posted May 11, 2001
The Vermont Service Center (VSC) of INS, in its April 2001 newsletter to the U.S. Congress, discussed various issues. We describe below the discussion on premium processing, as well as a tip on support people for performing arts groups.
Premium Processing
In the May 4, 2001 MurthyBulletin we announced a limited pilot project for H1B premium processing. That pilot project would apply only to cases filed on or before April 2, 2001. In the meantime, VSC is gearing up to begin the general premium-processing program for the following visa categories: H2A, H2B, H3, L1A, L1B, blanket L, O, P, and Q. The program is set to begin June 1, 2001.
Premium processing would enable the case to be initially adjudicated within 15 calendar days, for an extra fee of $1,000 over and above the usual filing fees. "Initially adjudicated" means either the case will be approved in that time, or if the Service Center needs additional information, the Request for Evidence (RFE) will be sent out within that time.
One issue with implementing the premium-processing program is that INS has been separating out cases in certain categories and automatically expediting them, even without premium processing. In particular, L1A, L1B, O, and P cases are being processed quickly - within 15 to 30 days. However, according to the VSC newsletter, once premium processing begins the above case types will no longer be singled out for faster treatment. Rather, all non-premium cases will be processed in the order they were received, regardless of case type. So processing times for these categories will be the same as for H1Bs.
The processing time goal for H1Bs is 60 days, but in recent months VSC has rarely been able to meet that goal. Rather, it has become quite common for H1Bs to take 90 days or longer. Employers of L, O, and P nonimmigrants have grown accustomed to the faster processing time that has been typical for those categories up to now. VSC therefore advises such employers to file at least 60 days before the person's services are needed and reminds employers that it is possible to file as much as 6 months in advance. The increased processing time will be especially difficult for performing arts venues since the schedules are typically not set far in advance.
Another matter to consider is what will be left of the usual expedite procedures, once premium processing begins. For no extra fee, INS handles expedite requests, on a case-by-case basis. The criteria have been very strict, especially at VSC. Either there must be an urgent humanitarian consideration, INS error, or the delay must cause a major business loss different from standard losses any company would face in similar circumstances. It is necessary to be as specific as possible to show the actual and extensive damage that would be caused by the delay.
With premium processing available, VSC plans to tighten up more than ever on its regular expedite process. Rather, it appears the VSC sees the premium processing option as replacing the prior expedite procedures.
Support People for O and P Performers
When filing for an O performer or P performing group, sometimes it is also necessary to obtain approval for support workers. An essential support worker is a person who works behind the scenes, whose work is necessary for the performance. The work would be of a type that could not ordinarily be performed by a U.S. worker. For example, if a Chinese opera troupe comes to the U.S., most likely it would also be necessary to obtain a visa for the specially trained makeup artist who applies the very distinctive makeup such performers wear. Or maybe a European pop group needs to bring the person who provides the special lighting effects for their stage show.
The VSC newsletter states that INS requires a separate petition to be filed for the support people. The information provided by VSC implies that all the support people can be on one petition, so there would have to be two petitions, one for the performer(s) and one for the support folks. © The Law Office of Sheela Murthy, P.C.
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