INS Issues Instructions for Premium Processing – June 2001
Posted Jun 08, 2001

In a notice published June 1, 2001, INS issued its promised instructions for utilizing the new Premium Processing Service for certain employment-based petitions. As we mentioned in our article in the June 1, 2001 MurthyBulletin entitled INS Set to Begin Premium Processing June 1, 2001, the program will initially be available only for nonimmigrant worker petitions (Form I-129) for the following categories: E1 (treaty trader), E2 (treaty investor), H2A (agricultural worker), H2B (temporary worker), H3 (trainee), L1 (intra-company transferee), O1/O2 (extraordinary ability or achievement), P1/P2/P3 (athletes and performers), and Q1 (cultural exchange).

Starting July 30, 2001, INS plans to add the following case types to the program: H1B (temporary professional), R1 (religious worker), and TN (NAFTA professional).

Though Premium Processing was scheduled to begin on June 1, 2001, since the instructions were not available until that date, the earliest the INS could receive any duly completed requests under this program would be Monday, June 4, 2001.

In order to request Premium Processing, it is necessary to fill out a new form, the I-907. The form is available on the INS website. If requesting Premium Processing of a new case, then the I-907 needs to be enclosed with the regular petition package, and sent to the special Premium Processing Address for the appropriate INS Service Center. Of course, the Premium Processing Fee of $1000, in addition to the standard INS filing fees, also needs to be included. If family members of the beneficiary are also applying together for an extension or change of status based on the petition, then the dependents' cases would also get the benefit of premium processing, without themselves being charged a premium fee.

It is also possible to send an I-907 with respect to a case that has already been filed. The procedure in that situation is to send the I-907 and premium fee with a copy of the receipt notice, if available. In this situation as well, the special address must be used. The 15-day processing period would date from the time the Form I-907 is received, not from the original receipt date of the petition.

The designated addresses are indicated in the instructions to the Form I-907. The instructions also indicate a special eMail address for checking the status of premium cases only, and the receipt notices for the I-907 will provide a special telephone number as well.