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.
3 responses so far ↓
1 PMKR // Aug 14, 2009 at 4:31 pm
In fact this’s another issue I and my friends used to discuss.
To streamline the GC process, they can follow some straight ways instead of going through different “based” categories, EB1, EB2, EB3, LC, I-140, I-485, EAD etc. etc. Add to that the delays caused by individual states and the regional centers. (While certain centers issue the GC in less than a year since the LC stage, others will take anywhere from 4 years to who-knows-when to do the same job)
Looks to me that USCIS has intentionally complicated the process to delay issuance of GC as much as possible. After discussing with friends, in no other countries, getting a PR is this much complicated. In certain coutries, just living for certain number of years and paid taxes simply qualify the immigrant to get the PR sooner.
If the USCIS streamlines the GC processing in a similar fashion (of course they can do the background check by FBI), it’ll be so greatful. They can even charge much more than what they do now. Atleast, employment based applicants won’t mind.
For eg. they can say, hey, if you’ve been living in the US for - say 3 years - and have paid the taxes regularly and FBI hasn’t found any issues with your background check, you can be issued the GC for a fee of - say $5,000.00.
Simple, huh ?
2 admin // Aug 17, 2009 at 11:00 am
$5,000 premium processing for grean card applications. Great idea. The UCSIS could bring in more revenue and applicants would receive faster adjudication.
3 PMKR // Aug 17, 2009 at 5:00 pm
Believe me, even if $10,000.00 is charged, many guys will be more than willing to be prepared to pay that, PROVIDED the USCIS is not going thru’ so many “based” (family based, employment based, investment based, lottery based etc. and zillion categories under each “based”) and issue the GC with JUST ONE background check carried out by FBI.
Heard from one of my friends that, USCIS is intentionally delaying the GC for the fact that, when the same GC holders become unemployed, they should be provided unemployment benefits.
I personally think that, Increasing this GC Fee will help compensating that fact, because the duration for which an employer sponsored GC holder stays unemployed will be VERY BRIEF, say well under 6 months. And also, the number of such guys loosing their jobs will be very minimal.
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