Client Payment Portal

USCIS Increases Premium Processing Fees But Declines to Expand Service

May 27, 2020 | Investor Visas

A new law effective October 19, 2020, increased the fee for premium processing requests from $1,440 to $2,500 for almost all filings, except those for nonimmigrant worker petitions requesting H-2B or R-1 nonimmigrant status. For the latter, the fee increased from $1,440 to $1,500. The new law also gives U.S. Citizenship and Immigration Services (USCIS) the ability to expand premium processing to additional forms and benefit requests, but USCIS is not yet taking that action.

Premium processing service allows petitioners to pay an additional filing fee to expedite adjudication of certain forms, “generally” within 15 days. It is notable that 15 days used to be guaranteed but now is merely a target. Filings postmarked on or after October 19, 2020, that include the incorrect fee will be rejected and returned.

In May 2019, USCIS began premium processing for fiscal year (FY) 2020 cap-subject H-1B petitioners requesting a change of status on Form I-129, Petition for an Immigrant Worker. Without premium processing, H-1B adjudications can take 8 to 12 months. Premium processing is also available for several other visa categories. A USCIS chart lists the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.

For derivatives, such as family dependents of nonimmigrants, including spouses, USCIS no longer provides concurrent premium processing of their applications for extension, and their work authorizations are not prioritized either. Processing times can be lengthy. According to reports, on a stakeholder call USCIS blamed new biometrics appointments (required by a new version of the Form I-539, Extend/Change Nonimmigrant Status), which can take 3 weeks, for this change since 15 days can no longer be guaranteed.

So far, President-elect Biden has not yet issued any information on what his administration will do with premium processing or whether USCIS will expand the service to additional forms and benefit requests.

More Information

Related Posts:

Ten Things to Know About Communist Party Membership Inadmissibility

By:  Bernard Wolfsdorf and Joseph Barnett Communist party membership issues are becoming more common in visa cases.  Our firm has seen an increase in scrutiny by U.S. consulates on this issue.  It is important to focus on this issue with China as #1, and Vietnam as #2, in the number of EB-5 immigrant visas issued and adjustment of status applications approved in Fiscal Year 2017. Immigration attorneys, Regional Centers, migration agencies, and intending immigrants must understand the rules, exceptions, and waivers to this ground of inadmissibility.  Here are 10 things to know about this topic: The Immigration and Nationality Act. Individuals who are inadmissible are not permitted by law to enter or remain in the United States.  The Immigration and Nationality Act sets forth grounds for inadmissibility in Section 212.  One of grounds, found at INA Section 212(a)(3)(D), is “membership in a totalitarian party,” which states: “Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.” Definition of “Affiliate”. The term affiliate, as used in INA Section 212(a)(3)(D), means “an organization related to, or identified with, a proscribed party or association, including any section, subsidiary, […]

Read More

Analyzing the Recent Trend of EB-5 Expedited Processing

This article was previously published in the Regional Center Business Journal. The full version of the journal can be viewed in its entirety here. By:  Joseph Barnett Time is of the essence, especially in EB-5 petition and application processing.  Despite the Immigrant Investor Program Office’s (“IPO’s”) increase in staff and the re-organization of its adjudication teams for more efficient processing in recent years, EB-5 adjudications remain undeservedly long.  According to USCIS’ September 3, 2018 website screenshot, it takes an average of about 20-26 months for I-526 adjudications, and 19.5 – 25.5 months for I-924 adjudications.  One potential way to speed up EB-5 adjudications is to request “expedited processing” by USCIS. Is Expedited Processing for Soon-To-Be Backlogged Countries Helpful? Expedited processing is of particular interest these days for Indian, and some South Korean, and possibly for Taiwan and Brazilian nationals looking to receive Form I-526 approvals before the U.S. Department of State (“DOS”) imposes a Final Action Date (i.e. a Visa Bulletin cutoff date), which DOS has informally projected will occur by the Summer of 2019. There is a possibility that, through expedited processing, an EB-5 beneficiary could slide through to immigrant visa processing before a Final Action Date falls in FY 2019.  Individuals […]

Read More