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::Preparation and Filing Procedure ::
Premium Processing
Premium Processing, by which the U.S. Citizenship and Immigration Services
(USCIS) promises processing within fifteen calendar days in exchange for more money,
was introduced by USCIS on June 1, 2001. It has exponentially lengthened processing times for O and P petitions filed in the traditional
manner. Yet, for those who can afford it, Premium Processing represents a new and, in relation to normal processing, luxurious processing
option. Imagine, if you will, being able to email, call, and fax a USCIS officer
who responds almost immediately in kind! Luxury, as always, is reserved for the
rich, and so USCIS charges an extra $1000 per petition, in addition to the standard
processing fee of $320 per petition. In the case of an
O-1B
and O-2 petition,
or P petitions for principals and
essential support personnel, the fees would thus amount to
$2640 up front (not including consultation fees paid to unions).
In addition to the sheer access and flexibility of communications, in return for the
additional fee, USCIS promises to take action on the petition within fifteen calendar
days. The action can include: 1) approval; 2) denial (rare); 3) a
Request for Evidence; or 4) a referral for a fraud
investigation (rare).
If it fails to take one of these actions within fifteen days, the petitioner should
request a refund of the $1000, yet USCIS promises to continue handling the matter as
a Premium Processing case.
Our USCIS Service Center Tips, and
Contact Information contains all of the Premium Processing contact information,
including the
specific address to which to send Premium Processing requests. Basically, petitioners
should prepare everything as they otherwise would, then prepare an
I-907 form, which USCIS uses to obtain all
necessary contact information with the petitioner. The $1000 fee should be attached
by separate check to the left side of that form. If two petitions are involved, there
should be two I-907s, two checks, etc.
Here are some considerations pertaining to Premium Processing:
Perhaps the biggest single issue respecting Premium Processing is when you have no
choice but to use it. Suffice it to say that if you have not filed sufficiently far
in advance and/or you are not a nonprofit, you may have no choice but to use Premium
Processing. Otherwise, petitioners often will file through regular processing
procedures, and wait until they can stand it no longer before converting the case
to Premium Processing. The best way to calculate the need for Premium Processing
is to work backwards in time. In doing so, consider when the artist must travel,
how long it should take for the artist to obtain an appointment and then the visa at which consulate
(of itself a challenging calculation), and how long it will take to get the
approval notice to the artist. Add some time for the printing and shipping
of the approval to the petitioner from USCIS, and then add at least 30 days to the currently available processing-time
reports from the service centers. In doing so, do not forget to take into account how
long it will take the petitioner to gather the necessary documentation and obtain
the labor consultation. If already squirming, you're a Premium Processing
candidate!
Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters
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