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H-1B and
Premium Processing
Premium Processing Service will
provide American businesses with the opportunity to obtain faster
processing of a petition to meet their needs for a foreign worker.
Specifically, the INS will provide 15-calendar day processing to
those who choose to use this service or the INS will refund the
Premium Processing fee and the relating case will continue to
receive expeditious service.
The processing period that will be
used to determine whether or not the INS meets the 15-day period
will begin when the I-907
is delivered to the INS (at the appropriate address) and will end
upon the INS mailing of a notice. The notice may be a notice of
approval, request for evidence, intent to deny or notice of
investigation for fraud or misrepresentation. If the notice requires
the submission of additional evidence or of a response to an intent
to deny, a new 15-day period will begin upon the delivery to the INS
of a complete response to the request for evidence or notice of
intent to deny.
Who is eligible?
Upon implementation of the program on
June 1, 2001, those employers who file a Form I-129
to classify a beneficiary under one of the following nonimmigrant
categories may request Premium Processing Service: E-1, E-2,
H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3 and Q-1.
On July 30, 2001 the INS will also
make this service available to employers who wish to file a Form
I-129 to classify a beneficiary as an H-1B, TN or R nonimmigrant.
What is the fee?
The fee for this service is $1000.
The Premium Processing fee may not be waived. In addition
to the Premium Processing fee, all filing fees relating to the Form
I-129 must also be submitted. The Premium
Processing fee must be submitted in a separate check
or money order.
Are there any additional benefits
to the program?
Yes. The INS has provided not only a
unique mailing address for its Premium Processing customers, but it
has also established a special phone number and e-mail address for
each of the Service Centers. These special communications channels
will be used solely by Premium Processing customers.
The INS is also collecting, on the
Form I-907, your phone number, fax number and e-mail address so that
we may correspond with you in the most appropriate manner. Premium
Processing customers should be prepared to receive information on
their case through any of these three types of communication.
In addition, the INS will allow I-539
applications for dependents to receive the same expeditious
processing as the principal family member’s I-129 petition -- at
no additional cost if they are filed at the same time.
How do I file a Request for
Premium Processing?
Complete and sign Form
I-907, Request for Premium Processing Service. Attach a separate
remittance of $1000. The I-907 may be forwarded to the Service
Center where your I-129
petition is already pending OR you may file the I-907 and I-129
together at the Service Center designated as the appropriate filing
location on the instructions
to the I-129. In both situations the unique address shown on the
Form I-907 should be used for proper delivery to the Service
Center’s Premium Processing Service unit.
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