Tag Archive | Premium Processing

USCIS Resumes Premium Processing for All H-1B Petitions – Could Earn Approx. $330,000,000 in PP Fees This Year

U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for all H-1B petitions beginning today, Tuesday, March 12, 2019.  This is welcome news for many petitioners and beneficiaries who have been subjected to significant delays in processing, and certainly, great news for USCIS itself.  There is no doubt that Premium Processing fees, increased to $1,410.00 per petition last year, are an important source of revenue for USCIS, given that is “funded primarily by immigration and naturalization benefit fees charged to applicants and petitioners.”

Premium Processing fees are technically optional, but frequently paid to increase the speed of adjudication from several months to potentially as little as two (2) to four (4) weeks.  This program was suspended and unavailable for many H-1B categories over the last 6-12 months during which time such professionals and their employers nervously witnessed (or were impacted by) adjudication delays of approximately 4-12+ months, as well as USCIS’s frequent internal changes to its adjudication criteria which allowed it to issue bizzare numbers of queries and denials of H-1B petitions in 2018

USCIS itself has generated both a pent-up demand and a critical need for its expensive premium processing program; as the January 20, 2019 research memo released by the American Immigration Lawyers Association (AILA) concluded, USCIS is “adjudicating cases at an unacceptably and increasingly slow pace…” More specifically, AILA’s research stated that: 

The overall average case processing time surged by 46 percent over the past two fiscal years and 91 percent since FY 2014.
•USCIS processed 94 percent of its form types—from green cards for family members to visas for human trafficking victims to petitions for immigrant workers—more slowly in FY 2018 than in FY 2014.
•Case processing times increased substantially in FY 2018 even as case receipt volume appeared to markedly decrease.
Other agency data lays bare a USCIS “net backlog” exceeding 2.3 million delayed cases at the end of FY 2017. This total amounts to more than a 100 percent increase over the span of one year despite only a four percent rise in case receipts during that period.

The resumption of USCIS’s premium processing program will find many takers among H-1B professionals; and USCIS could gain approximately $330 million dollars in revenue from it this fiscal year. This approximation, by way of background, is arrived at by multiplying the average number of premium processing cases from FY2013-FY2017 as noted in the 08/31/2018 “Adjustment to Premium Processing Fee” Rule by the Homeland Security Department (238,784) by the current Premium Processing fee of $1,410.00 = $336,685,440.

Table 1—Total Number of Premium Processing (Form I-907) Requests Received, Fiscal Years 2013-2017
Fiscal year Total Form I-907 receipts received
2013 189,588
2014 218,400
2015 234,576
2016 319,517
2017 231,839
Average 238,784
Source: USCIS, Office of the Chief Financial Officer.

H-1B professionals and their employers have an interest in adjudications free of undue delay, and because they are effectively required to do so, they will pay more.  These parties have been significantly impacted by “BAHA” Executive Order and thus appreciate the security that comes with a final decision “in-hand”, to travel, change employers, get married, renew a drivers license, or in general, to live a slightly less uncertain life on foreign soil.  Ultimately, it is all about perspective: an American would likely consider paying “base” government fees of up to $6,450.00 per H-1B petition more than sufficient to fund an adjudication that is timely, just, and logical.  But H-1B workers and their employers are overjoyed at the opportunity to pay $1,410.00 more to USCIS for nothing more than a timely decision.

 

 

 

 

 

 

 

USCIS plans to increase the Premium Processing fee (Form I-907) from $1225 to $1410 effective 10/01/2018

It appears that USCIS will increase the Premium Processing fee (Form I-907) from $1225 to $1410 effective 10/01/2018.

See Unpublished/Advance Rule:

https://www.federalregister.gov/documents/2018/08/31/2018-19108/adjustment-to-premium-processing-fee

USCIS Turns Away Highly Valuable Revenue Stream by Temporarily Suspending Premium Processing for FY2019 H-1B Cap Petitions

USCIS announced that it will again suspend premium processing for H-1B Cap Subject cases until Sept. 10, 2018 in an effort, it claims, to “reduce overall H-1B processing times“.  The update also warns that it will deny any H-1B Cap Subject petition that provide one combined check for the H-1B and Premium Processing fees (even accidentally).
USCIS’ decision is illogical because it is rejecting a significant and valuable revenue stream which it sorely needs for its operations to actually reduce overall processing times.  USCIS is almost entirely funded by filing fees such as the $1225.00 premium processing fee, to the extent that when the rest of the Federal Government shuts down, USCIS doesn’t.  And currently, USCIS’ need for said revenue is even more critical considering that its staff and officers have been called upon to do increasingly more work in the adjudication process with regards to the intensity of scrutiny and the number of cases, all the while remaining consistent with each of the recent Policy Memos that have upended existing guidance/definitions relied upon by everyone, even AOs.
Turning away premium processing fees won’t help USCIS address backlogs in any meaningful or permanent way.  But creating an efficient electronic filing system will.  One of the foundational (but rarely referenced) reasons for USCIS’ delays and backlogs though is the fact that it has flushed three (3) billion dollars of funding along with 10+ years down the drain in its failed attempt to go digital through its “Transformation Program” which promised to improve service, efficiency and security, but the development of which the U.S. Government Accountability Office identified as early as 2007 as, “unfocused, conducted in an ad hoc and decentralized manner, and, in certain instances, duplicative”  Last year, the GAO presented a summary on the issues with the program:
“The U.S. Citizenship and Immigration Services’ (USCIS) most recent cost and schedule baseline, approved in April 2015, indicates that its Transformation Program will cost up to $3.1 billion and be fully deployed no later than March 2019. This is an increase of approximately $1 billion with a delay of more than 4 years from its initial July 2011 acquisition program baseline. In addition, the program is currently working to develop a new cost and schedule baseline to reflect further delays. Due to the program’s recurring schedule delays, USCIS will continue to incur costs for maintaining its existing systems while the program awaits full implementation. Moreover, USCIS’s ability to achieve program goals, including enhanced national security, better customer service, and operational efficiency improvements, will be delayed.
Given the history of development for the Transformation Program and the subsequent commitment of additional resources for a new system, it is more important than ever that USCIS consistently follow key practices in its system development efforts. For example, the program has already reported realizing risks associated with deploying software that has not been fully tested, such as system bugs, defects, and unplanned network outages. If the agency does not address the issues GAO has identified in prior work, then it will continue to experience significant risk for increased costs, further schedule delays, and performance shortfalls.”
It is ironic that though USCIS has failed to create a functioning computerized system despite losing $3,000,000,000.00 over 10+ years, it has had no problems issuing unprecedented levels of queries and denials on H-1B petitions for IT professionals on the basis that their jobs aren’t “Specialty Occupations”.

USCIS Resumed Premium Processing H-1B Cap Petitions Subject to the Fiscal Year year (FY) 2018 Cap on September 18, 2017

VIA USCIS.GOV

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.

H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, academic research, and accounting. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If the 15- calendar day processing time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application. This service is only available for pending petitions, not new submissions, since USCIS received enough petitions in April to meet the FY 2018 cap.

In addition to today’s resumption of premium processing for H-1B visa petitions subject to the FY 2018 cap, USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitions that are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.

USCIS plans to resume premium processing for all other remaining H‑1B petitions not subject to the FY 2018 cap, as agency workloads permit. However, remaining petitioners may submit a request to expedite their application if they meet the specific agency criteria. USCIS reviews all expedite requests on a case-by-case basis, and requests are granted at the discretion of the office leadership.

USCIS will release future announcements when we begin accepting premium processing for other H-1B petitions, not subject to the FY 2018 cap.

USCIS Resumes H-1B Premium Processing for Certain Cap-Exempt Petitions

Via USCIS.gov

USCIS indicates that it will resume premium processing for certain cap-exempt H-1B petitions effective immediately.

Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:

* An institution of higher education;

* A nonprofit related to or affiliated with an institution of higher education; or

* A nonprofit research or governmental research organization.

Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity. 

Delay in NSC Processing of H-4/EAD Applications Filed with Premium Processing H-1Bs

Via AILA.org

The Nebraska Service Center (NSC) has advised that, due to the high volume of incoming premium processing requests, H-4 I-539 and H-4 I-765 EAD applications that are concurrently filed with premium H-1B petitions before the April 3, 2017, premium processing suspension may not be adjudicated concurrently with the I-129 and within the prescribed 15 days. Due to the rapid influx of premium requests, I-129 adjudicators are focusing first on the I-129 so that it can be processed in accordance with the premium requirements. When a decision is made on the I-129, any H-4 and EAD applications are sent to another team, which should adjudicate them within a week or two. Once the surge is over NSC expects to resume fully working all applications submitted concurrently with the I-129.

NSC has advised that if no notice has been received on a riding I-539 or I-765 by the end of April, applicants or their attorneys can contact the National Customer Service Center to place a Service Request.