INS establishes "premium processing service" for certain employment-based applications and petitions
Immigrants' Rights Update, Vol. 15, No. 4, June 29, 2001

The Immigration and Naturalization Service has issued an interim rule establishing a "Premium Processing Service" under which businesses can obtain expedited processing of their applications and petitions by paying a special fee of $1,000. The interim rule implements section 286(u) of the Immigration and Nationality Act, which was enacted on Dec. 21, 2000, as part of the District of Columbia Appropriations Act of 2001.

Under the interim rule, the INS is designating certain nonimmigrant employment visas for which adjudication will be expedited upon payment of the Premium Processing Service fee. Upon filing Form I-907 (Request for Premium Processing Service) and payment of the $1,000 fee, the INS will act to adjudicate the application or petition within fifteen calendar days, either by issuing an approval notice, a notice of intent to deny, a request for evidence, or notice of an investigation for fraud or misrepresentation. If the INS fails to act within the 15-day deadline, it will refund the fee.

As of June 1, 2001, the INS is designating the following classifications within the Form I-129 Petition for Nonimmigrant Worker as eligible for expedited treatment under the rule: E-1 Treaty Trader, E-2 Treaty Investor, H-2A Agricultural Worker, H-2B Temporary Worker, H-3 Trainee, L-1 Intracompany Transferree, O-1 and O-2 Aliens of Extraordinary Ability or Achievement, P-1, P-2 and P-3 Athletes and Entertainers, and Q-1 International Cultural Exchange Aliens. Effective July 30, 2001, expedited processing will also be available for the additional classifications of H-1B Temporary Worker with Specialty Occupation, R-1 Temporary Worker in Religious Occupations, and TN NAFTA Professional.

66 Fed. Reg. 29,682-86 (June 1, 2001).