March 5, 2002

INS Confirms Plans to Accept Premium Processing Requests for I-140’s Beginning in April 2002

Crystal Williams, Director of Regulatory Affairs and Oversight, Office of Policy and Planning at the Immigration & Naturalization Service confirmed today at the U.S. Chamber of Commerce Subcommittee on Immigration meeting that all four INS regional service centers will begin to accept premium processing requests for Petitions for Alien Worker (Form I-140) in April 2002. Premium processing is the term used by INS to describe its expedited service in regards to certain types of employment-based petitions. To obtain premium processing service, a petitioner pays $1000 per petition and the INS will review the case within 15 days of receipt. Currently, the INS will only accept premium processing requests for nonimmigrant petitions.

However, with Ms. Williams’ announcement, it is anticipated that the INS will phase in I-140 premium processing in stages. It is believed that I-140’s based on a labor certification application that has been approved by the DOL will be the first type of case for which INS will expedite review.

It is important to note that premium processing does not guarantee that the petition will be approved or that a final decision will be rendered in 15 days. The premium processing guarantees that the INS will conduct an initial review of the case within 15 days of receipt of the premium processing request. Moreover, within 15 days, the INS is required to mail a notice to the petitioner regarding the case. The notice may be a notice of approval, request for evidence, intent to deny or notice of investigation of fraud or misrepresentation. Petitioners who receive notices requesting additional evidence, or intentions to deny, or an investigation of fraud will be given additional time to respond. Upon receipt of the petitioner’s response, the INS has an additional 15 days to respond.