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Premium Processing Program
Premium Processing Service is an opportunity for the employer or the beneficiary
to request faster processing of certain employment-based petitions and
applications to meet the employer’s need to hire foreign workers.
The Premium Processing fee is $1000, which is in addition to the regular
filing fees that must be paid to the Service for the filing of certain
petitions and applications.
Note that the $1000 fee does not assure that the
Bureau of Citizenship and Immigration Services in the Department of Homeland
Security (BCIS) will approve the petition, only that a decision (such
as to refuse, or to approve, the petition) will be made within 15 days.
When will Premium Processing be available?
The opportunity to request Premium Processing will be available starting
June 1, 2001. Initially, the classifications eligible for Premium Processing
requests are: E1, E2, H2A, H2B, H3, L1, O, P, and Q.
Starting July 30, 2001, H1B, R, and TN classifications will be eligible
for Premium Processing requests. Notification of any additions or terminations
regarding Premium Processing will be published in the Federal Register.
For current information regarding Premium Processing, refer to the BCIS
website.
What are the benefits of requesting Premium Processing?
Premium Processing guarantees 15-calendar day processing of certain employment-based
petitions and applications. In other words, the Service will issue an
approval notice, request for additional evidence, notice of investigation
for fraud, or notice of intent to deny within 15 calendar days from the
date the petition was received at the Service Center. If the Service does
not issue a notice or request within 15 calendar days, your Premium Processing
fee will be refunded automatically and the Service will continue processing
the petition or application.
The Premium Processing Service unit at every Service Center will have
a unique address that will be used to file requests for Premium Processing
to facilitate expeditious handling. In addition, each Service Center will
have dedicated phone number(s), fax number(s), and an e-mail address in
order to provide enhanced customer service contact.
How do I request Premium Processing Service?
A Federal Register notice will be published in May 2001 outlining the
specific directions for filing within the Premium Processing Service program.
Along with that notice, a new form (I-907) will be published for use which
will have instructions on where and how to file. This information will
also be posted on the BCIS website.
Can the fee for Premium Processing Services be waived?
No, the fee for Premium Processing Service cannot be waived for any reason.
The Service will continue its existing policy and procedures for expeditious
processing of petitions and applications filed by petitioners designated
as non-profit by the IRS.
How will employers know which applications and petitions are accepted
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 will also announce temporary termination of Premium Processing
Service by publication of a notice in the Federal Register.
What is a petition?
The largest categories of working visas (including H, L, O and P visas)
require petitions to be filed with BCIS by a company or organization in
the United States. For example, if Microsoft wished to employ a Korean
software developer, Microsoft would first have to file a petition with
the BCIS.
A petition is the process by which the BCIS determines that someone meets
the basic qualifications for a particular visa. For example, it is through
the petition process that the BCIS would determine that the software developer
has the educational background or its equivalent to qualify as an H1B
"skilled worker."
It is important to note that BCIS in the U.S. deals with the company filing
a petition on behalf of a foreign worker. The Embassy in Seoul deals with
the applicant in Korea applying for a working visa after the petition
is approved by BCIS.
Once a petition has been approved, the BCIS sends an approval notice to
an American Embassy or Consulate overseas, who actually issues or refuses
the visa. An approved petition does not guarantee issuance of a visa.
Also, petitions cannot be filed with the Embassy; they must be filed in
the U.S. with the nearest BCIS office.
It is very important to point out that this program, as well as the details
below, apply to all countries and is not specific to Korea. The premium
fee is collected only by the BCIS in the U.S. The Embassy in Seoul receives
no money from this program, nor do we play any role in administering it.
What happens after the petition is adjudicated?
The new Premium Program does not have any effect on how the Embassy in
Seoul processes visas. If BCIS approves a petition, they will send notice
of their approval to the Embassy in Seoul. Our job then is to assure that
the applicant is otherwise eligible for a visa (for example, that s/he
does not have a criminal record, or has not misused a visa in the past).
Our current processing time for most host-country, approved petition-based
cases is about ten working days. Cases involving third country
nationals may take significantly longer.
This processing time for the visa application in Seoul will not change
based on whether or not the applicant has used the Premium Program. The
program only speeds up the petition approval process in the U.S. We have
always provided fast turnaround for petition-based cases in Seoul.
Where is more information available?
Since the program is run entirely by the BCIS in America, interested parties
should get more information directly from the BCIS. The best source of
information is the BCIS website.
Updated October 14, 2004
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