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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 103 and 299
…..
Establishing Premium Processing Service for Employment-Based
Petitions and Applications
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations by establishing a Premium Processing Service for
certain employment-based petitions and applications. If an entity pays
the required fee for Premium Processing Service, the Service will
process the petition or application within 15 calendar days. Premium
Processing Service will provide American businesses with the
opportunity to obtain faster processing of petitions and applications
to meet their needs for foreign workers.
DATES: Effective date: This interim rule is effective June 1, 2001.
Comment date: Written comments must be submitted on or before July
31, 2001.
ADDRESSES: Please submit written comments to the Director, Policy
Directives and Instructions Branch, Immigration and Naturalization
Service, 425 I Street, NW., Room 4034, Washington, DC 20536, or via fax
to (202) 305-0143. To ensure proper handling, please reference INS No.
2108-01 on your correspondence. Comments are available for public
inspection at the above address by calling (202) 514-3048 to arrange
for an appointment.
FOR FURTHER INFORMATION CONTACT: Tracy Renaud, Adjudications Officer,
Immigration Services Division, Immigration and Naturalization Service,
800 K Street, NW., 10th Floor, Washington, DC 20536, telephone (202)
305-8010.
SUPPLEMENTARY INFORMATION:
Background
What Is the Authority To Charge a Premium Processing Fee?
On December 21, 2000, the President signed the District of Columbia
Appropriations Act, 2001, Public Law 106-553, 114 Stat. 2762 (2000).
The legislation added a new section 286(u) to the Immigration and
Nationality Act (Act) that authorizes the Attorney General to collect a
$1,000 ``premium processing'' fee in addition to the regular filing fee
that must be paid for the filing with the Service of certain petitions
and applications. Under this new legislation, the authority to collect
the premium processing fee applies only to employment-based petitions
and applications.
Why Have Premium Processing Service?
The Premium Processing Service will enable the Service to improve
its services to its business customers. These businesses must sometimes
recruit and hire foreign workers to fill jobs in short time frames. The
Service's current processing times for employment-based petitions and
applications may not accommodate the needs of these businesses. The
Premium Processing Service will give American businesses an option to
pay for faster processing of petitions and applications for foreign
workers.
What Is Premium Processing Service?
The District of Columbia Appropriations Act of 2001, Public Law
106-553, established ``premium processing service'' and the associated
filing fee. It also specified that the Service was required to process
applications under the Premium Processing Service in 15 calendar days.
However, the legislation did not explicitly define what ``premium
processing service'' means. Therefore, the Service is using its
authority under section 103(a) of the Act to establish the details of
this new service.
For example, if the applicant or petitioner pays for Premium
Processing Service of a petition or application, the Service will issue
an approval notice, notice of intent to deny, request for evidence, or
notice of an investigation for fraud or misrepresentation within 15
calendar days. Premium Processing Service begins on the day the Service
physically receives a petition or application and ends on the day the
Service issues a notice or request. If the Service does not issue a
notice or request within 15 calendar days, the Service will refund the
fee automatically. However, when the Service fails to issue a notice or
request within 15 calendar days and refunds the fee, the Service will
still expeditiously process the case. If the application or petition in
question was not eligible for Premium Processing Service, the fee will
be refunded and the Service will continue to process the case normally.
What Are the Benefits of the Premium Processing Service?
The Premium Processing Service provides a benefit to all entities
that file applications and petitions with the Service, and not just to
those employers
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who are granted Premium Processing Service. The fee revenue generated
by Premium Processing Service will be deposited into the Immigration
Examinations Fee Account and used by the Service to hire additional
adjudicators, contact representatives, and support personnel to provide
service to all its customers. The fee will also be used for
infrastructure improvements.
What Is the Fee for the Premium Processing Service?
The fee for Premium Processing Service is $1,000 in addition to the
filing fee for the petition or application. As an example, H-2B cases
are eligible for Premium Processing Service. There are two fees
involved: The Form I-129, Petition for Nonimmigrant Worker, filing fee
of $110 and the $1,000 Premium Processing fee.
Can the Fee for Premium Processing Service Be Waived?
The fee for Premium Processing Service is set by law and cannot be
waived for any reason. However, the Service will refund the fee if it
cannot complete its adjudication within 15 calendar days or if Premium
Processing for a particular application or petition has been suspended.
The Service will continue its existing policy and procedures for
requesting expeditious processing, without any additional fee, of
petitions that are filed by petitioners designated as non-profit by the
Internal Revenue Service and for petitions and applications that are
not designated for Premium Processing Service.
How Do I Request Premium Processing Service?
You may request Premium Processing Service by filing a completed
Form I-907, Request for Premium Processing Service, with the petition
or application and paying the Premium Fee. You must pay the Premium Fee
with a separate check or money order in the amount of $1,000. This
check is in addition to the check for the regular filing fee for the
application or petition.
Can I Request Premium Processing Service for a Pending Petition or
Application?
Yes, if you want to request Premium Processing Service, you can
file Form I-907, Request for Premium Processing Service, with the
Premium Fee, either at the same time as or after a petition or
application. If you file Form I-907, after you file the related
petition or application, the 15 calendar day processing period will
begin when the Service receives the Form I-907.
Where Should I Mail My Request for Premium Processing?
If the Form I-907 is filed at the same time as the related
petition, submit both forms to the designated Premium Processing
address for the INS Service Center indicated on the petition. If the
Form I-907 is filed after the related petition, submit it to the
designated Premium Processing Address for the INS Service Center where
the related petition was previously filed. When submitting a Form I-907
after a related petition, if possible, include a copy of the Form I-
797, Notice of Action, showing receipt of the related petition.
A designated Premium Processing address for each of the four
centers will be published on the instruction sheet to Form I-907. The
designated address must be used to be sure the Premium Processing
petition immediately enters the Premium Processing unit. If an
alternate address is used, the 15 calendar day processing time will
begin when the Service initially identifies the case as a request for
Premium Processing.
In addition, the employer must file the Premium Processing request
at the INS Service Center designated for the specific application or
petition. The Service has established special filing procedures for
certain applications and petitions. For example, petitions involving
the E-1 and E-2 nonimmigrant classifications must be filed at either
the Texas or California Service Center. Therefore, the Premium
Processing request must also be filed at these locations. A Form I-907
filed in connection with a petition involving the E-1 or E-2
nonimmigrant classification must be submitted to the designated Premium
Processing address for the Texas or California Service Center, as
appropriate.
What if I Have a Question About My Premium Processing petition?
Designated customer service e-mail addresses will be provided on
the instruction sheet to Form I-907. The Service will also provide
customers with designated phone numbers on receipt notices for the Form
I-907. The phone numbers and e-mail addresses will be for use by
Premium Processing customers only.
Can I Request Premium Processing Service for any Employment-Based
Petition or Application?
The Service will designate certain employment-based petitions or
applications for Premium Processing Service. Absent the Premium fee,
the Service will process the petition or application under normal
procedures. If you request Premium Processing Service for a petition or
application that has not been designated by the Service, the Service
will return the Premium Processing Fee and Form I-907 and continue
normal processing of the petition or application.
How Will the Service Designate Petitions and Applications for Premium
Processing Service?
The Service will designate petitions and applications for Premium
Processing Service by publishing notices in the Federal Register. These
notices will specify the form types and the visa classifications for
which Premium Processing Service is available. The notices will also
specify the dates on which the availability of Premium Processing
Service begins and ends.
The Service is designating Form I-129, Petition for Nonimmigrant
Worker, for Premium Processing Service beginning on June 1, 2001.
Classifications within the Form I-129 eligible for the Premium
Processing program as of June 1, 2001 are:
(1) E-1 Treaty Trader;
(2) E-2 Treaty Investor;
(3) H-2A Agricultural Worker;
(4) H-2B Temporary Worker;
(5) H-3 Trainee;
(6) L-1 Intracompany Transferree;
(7) O-1 and O-2 Aliens of Extraordinary Ability or Achievement;
(8) P-1, P-2, and P-3 Athletes and Entertainers; and
(9) Q-1 International Cultural Exchange Aliens.
Classifications within the Form I-129 eligible for the Premium
Processing program as of July 30, 2001 are:
(1) H-1B Temporary Worker with Specialty Occupation;
(2) R-1 Temporary Worker in Religious Occupations; and
(3) TN NAFTA Professional.
These designations will continue until the Service publishes a
notice amending or terminating them.
What if the Beneficiary of a Premium Processing Petition Has Dependent
Family Members Who Are Seeking Derivative Benefits?
If the family members application(s) is filed concurrently with the
Premium Processing petition, the Service will process the
application(s) for the family members with the Premium Processing
petition in 15 calendar days without requiring an additional $1,000 fee
for the family member's application(s). This
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applies only to dependents of the beneficiary of the Premium Processing
petition.
How Will the Service Process Requests for Premium Processing Service of
Petitions for Nonimmigrant Classifications Subject to Annual Numerical
Limitations?
The Service is designating Premium Processing Service for certain
nonimmigrant classifications that are subject to annual numerical
limitations. Like petitions filed under regular procedures, petitions
for which Premium Processing Service is requested will be processed in
the order of receipt. Once the annual limitation for a nonimmigrant
classification is met (e.g., when the Service has received a volume of
H-1B petitions sufficient to reach the annual numerical limitation),
INS will temporarily terminate Premium Processing Service for all
pending petitions filed for entry in that fiscal year. The Service will
then process all pending petitions (regular and premium together) in
the order of receipt.
The Service believes that temporary termination of Premium
Processing Service is the fairest method to balance the interest of
expedited processing while reasonably preserving the ability of all
individuals to access numerically limited immigration programs.
The Service will announce the temporary termination by publication
of a notice in the Federal Register. When the Service announces
temporary termination of Premium Processing Service for a particular
nonimmigrant classification, it will return the Form I-907 and Premium
Fee for all requests subject to the termination.
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