It has now been several years since the USCIS started providing Premium Processing for selected immigration applications and petitions. Premium Processing is a USCIS program that permits an applicant or petitioner to submit an extra $1,000 in order to receive fast adjudication. How fast? In most cases, the application or petition is decided in 15 days. If the case is not decided in 15 days, it is normally because the USCIS has requested some additional evidence, in which case, the government promises to process the case within 15 days of receiving the additional evidence.
When premium processing was first instituted, many believed that it inappropriately gave a benefit to the rich, and that those without much money would see longer lines while the premium processing beneficiaries received swift approvals. My experience is that most people, regardless of their incomes, prefer to use premium processing, and I haven’t heard many complaints, except for the valid argument that not enough cases are eligible for premium processing.
A list of the types of immigration cases eligible for premium processing can be found at the USCIS website at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD.
Recently, the USCIS announced that it would resume premium processing for two types of petitions. First, in June, it announced that it would again start processing Form I-140 petitions for an immigrant visa under premium processing. This announcement was limited to certain types of immigrant visa petitions. Left out were I-140 petitions for EB-1 multinational executives and managers and EB-2 members of the professions with advanced degrees or exceptional ability seeking a national interest waiver.
On July 21, 2009, the USCIS announced it would again allow premium processing for R-1 cases. Previously, the government had suspending premium processing for religious worker cases because of heightened scrutiny involving its perception of fraud involving R-1 petitions. The use of R-1 premium processing will be limited to petitioners that have successfully passed an on-site inspection.
Hopefully, the USCIS will make more visa categories eligible for premium processing in the near future. In the meantime, immigration attorneys at Garg & Associates can help you plan the fastest, most efficient process to meet your immigration needs.
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