The Premium Service

USCIS provides Premium Service for many different categories of petitions, for example, H-1B. Under premium processing service, USCIS guarantees it will process these applications within 15 calendar days for an additional processing fee of $1,000. Within that time, it will either issue an approval notice or, where appropriate, issue a notice of intent to deny or a request for evidence, or open an investigation for fraud or misrepresentation. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.

I-140 Categories with Premium Service

Before the suspension, USCIS had established the Premium Service for I-140 petitions in the following categories:

• EB-1(a), aliens with extraordinary ability; EB-1(b), outstanding professors and researchers; excluding EB-1(c) (managers and executive transferees)
• EB-2, members of professions with advanced degrees or exceptional ability not seeking an NIW
• EB-3 (all categories)

The Suspension

On July 2, 2007, USCIS temporarily suspended the Premium Service for all I-140 petitions. This decision was based on the anticipation of a substantial increase in new I-140 applications at that time. As the July 2007 employment-based immigration visa bulletin was open to all applicants, USCIS received numerous immigration petitions in July and August 2007. The overwhelming number of immigration petitions filed in the summer of 2007 exceeded USCIS’s capacity to provide the Premium Service for I-140 petitions. So far, USCIS has not resumed the I-140 Premium Service.

Advantages of Premium Service

The Premium Service has many advantages. First, the Premium Service eases applicants’ nerves by getting them their results faster. Second, the Premium Service gives applicants easy access to an immigration officer, either by phone or by e-mail. This contact can be helpful in the event of a lost document or another administrative problem.

More importantly, since an alien can use an employment authorization document (EAD) to work safely after an I-140 application is approved, the Premium Service is advantageous for aliens who wish to pursue that option, since it allows them to get their EADs much faster. Applicants can simultaneously file EAD applications when they concurrently file I-140 and I-485. However, we don’t suggest aliens use EADs before their I-140 is approved, because after they use EADs to work, they lose their previous non-immigration status (like F-1 OPT or H-1B), and if their I-140 petitions are denied, they lose their legal immigration status immediately. Thus, without the Premium Service, aliens might have to wait a long time before they are able to safely use their EADs.

On the other hand, aliens who use the Premium Processing Service for their I-140 petitions can get their results within 15 days. Then, they can file an I-485 and EAD application and safely use the EAD to work, as the chance of an I-485 being denied is very low.

Given the current shortage of H-1B visas, this would be a good option for many aliens. If an alien cannot get an H-1B visa, he or she can use an EAD to work if he or she can file I-140 and I-485 applications in time. With the help of the Premium Service, aliens can find out the results of their I-140s sooner and decide whether or not to use EADs to work.

Help Us Push USCIS to Resume the Premium Service for I-140 Petitions

It has been nine months since USCIS suspended the premium service for I-140 petitions. The suspension was understandable in the summer of 2007, when USCIS received an overwhelming number of immigration petitions. Now, USCIS should have the capacity to resume the Premium Service for I-140 petitions.

Our offices have been advocating for the resumption of the Premium Service for I-140 petitions. During a lobbying trip on September 17 and 18, 2007, Attorneys Ben Wisniewski and Jerry Zhang of Zhang & Associates met with Senator Hilary Rodham Clinton’s deputy chief legal consult and chief legislative director. In this meeting, Attorneys Zhang and Wisniewski discussed the suspension of the I-140 Premium Service and explained the advantages and importance of this service to applicants. Attorney Zhang requested that the Senator’s offices push for USCIS to resume premium processing procedures for EB cases.

Recently, our office sent another letter to USCIS requesting the resumption of the Premium Service for I-140 petitions.

We believe it is time to resume the Premium Service for I-140 petitions. However, favorable change may not happen without involvement from the numerous immigrants in the U.S., including many of our readers. United, we can make a change. Therefore, we encourage all the readers and immigration attorneys to contact and push USCIS to resume the I-140 Premium Service. You can either write to USCIS or contact legislators in your district to let them hear your voice regarding this matter.

To find the representative congressman, please use the following link:
https://forms.house.gov/wyr/welcome.shtml

This link may require a four-digit zip code extension, which could be found in the following link:
https://forms.house.gov/wyr/welcome.shtml

To look up the representative Senator, please use the following link:
http://www.senate.gov/general/contact_information/senators_cfm.cfm

In addition, we drafted an advocacy letter to the legislators. You may use this letter as a template to write your letter to your representative Congressman or Senator.

Dear [Representative or Senator]:

[ADD ANY PERSONAL INFORMATION HERE]

I am writing to encourage you to support the resumption of I-140 Premium Processing Service by U.S. Citizenship and Services (USCIS). The I-140 Premium Processing Service allows aliens filing employment-based immigration petitions to pay an extra $1,000 fee to have their applications processed within 15 calendar days. This service was suspended in July 2007, based on an anticipated surge in immigration petitions, and has not since been resumed.

The I-140 Premium Processing Service used to be available to certain categories of employment-based immigration petitions. Most notably, it was available for EB-1(a), aliens with extraordinary ability; EB-1(b), outstanding professors and researchers; and EB-2, aliens with advanced degrees or exceptional ability. Aliens filing petitions in these categories represent the best and the brightest in their professions, and thus contribute substantially to the U.S. economy. Considering the slow economic growth we have seen recently, I believe it is crucial for our economic health that we retain these exceptional aliens in our country. The Premium Processing Service facilitates a more convenient and less time consuming immigration process for these highly skilled individuals.

Furthermore, the Premium Processing Service is advantageous for many aliens on an individual level. Aliens who file green-card applications can receive authorization to work in the United States while they wait for their results. The Premium Processing Service gets them the results of their immigration petitions faster, making it easier for them to file green card applications and obtain employment authorization. Given the current strict H-1B quota, which has prevented many aliens from obtaining H-1B visas, this option would be particularly attractive for many aliens who had hoped to work under H-1B visas.

The Premium Processing Service also demonstrates the effort of USCIS to help immigrants. USCIS has been dedicated to improve its efficiency and service quality. For example, USCIS recently announced that they will shorten the FBI background check delay. As a federal agency, USCIS also stands to improve the image of the American government in the eyes of new immigrants by resuming the Premium Processing Service.

Finally, the resumption of the Premium Processing Service would be financially beneficial to the U.S. government. The fee for the service is $1,000 per petition, and there is little doubt that many aliens would use it if it were available.

It has been nine months since USCIS suspended the premium service for I-140 petitions. The suspension was understandable in the summer of 2007, when USCIS received an overwhelming number of immigration petitions. Now, USCIS should have the capacity to resume the Premium Processing Service for I-140 petitions. Therefore, I ask that you encourage USCIS to resume the Premium Processing Service for I-140 petitions. Thank you very much for your time and understanding.

Sincerely,

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