Congress allows huge US visa premium processing fee increase

Comments by Sanwar Ali:

There seems to be some confusion over this.  It is not entirely certain when the new premium processing visa fees will come into place.  So presumably for the time being if you want to pay the lower fee of $1,440 instead of $2,500, in most cases, you can still do so.

What will happen if Biden is elected president?  Will the premium processing fees go down again?  It is uncertain what will happen.  Since the presidential debate a week ago and Trump’s recent illness due to coronavirus COVID-19 it seems that Biden has been doing even better in the polls.

Amid a block on US visa and citizenship fee increases, Congress has cleared United States Citizenship and Immigration Services (USCIS) to raise fees for US visa and immigration premium processing services. The move comes amid plans to expand the number of US immigration categories that premium processing covers, according to a Forbes report.

The expansion of premium processing services could potentially allow US employers and individuals to pay for a faster service for the adjudication of US visa and immigration applications. The new measure is set to come under the H.R.8337 appropriations bill to fund the federal government. The bill passed the House and Senate at the end of September.

The measure has been described as ‘enormously beneficial’. One benefit in particular that could make a huge difference is a change to the Employment Authorization Document (EAD). Previously, USCIS had a 90-day limit on processing EAD applications, but this has slowed to six months or longer.

As a result, USCIS has been hit by several lawsuits challenging the processing times, but the new measure could help to speed up applications.

US visa USCIS Processing times

Prior to the H.R.8337 appropriations bill, USCIS guaranteed processing within 15 calendar days at a cost $1,440 for temporary visas that use Form I-129. US visa applications filed using Form I-129 include:

• E1 visas
• E2 visas
• H1B visas
• H2B visas
• L1A visas
• L1B visas
• LZ (blanket L1) visas
• O1 and O2 visas
• P1, P2 and P3 visas
• Q1 visas
• R1 visas
• TN1 and TN2 visas

Before the new legislation, premium processing was available for immigrant petitions, with certain exceptions for the employment-based first, second and third preferences (EB-1, EB-2 and EB-3 visa), according to USCIS.

Premium processing to be available for other application types

The new legislation published by USCIS states: “(2) IMMIGRATION BENEFIT TYPES - Subject to reasonable conditions or limitations, the Secretary shall establish a premium fee under paragraph (1) in connection with— “(A) employment-based non-immigrant petitions and associated applications for dependents of the beneficiaries of such petitions;

“(B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 203(b); [the first three employment-based preferences]

“(C) applications to change or extend non-immigrant status;

“(D) applications for employment authorization; and

“(E) any other immigration benefit type that the Secretary deems appropriate for premium processing.”

Premium processing new costs

According to the report published by Forbes, immigration benefit types that qualify for premium processing will be subject to a fee of $2,500 – excluding the H2B and R visa categories, which will be subject to a $1,500 fee.

However, the new legislation does not indicate any changes to the 15-day processing time for premium processing that’s available for visa categories, prior to H.R.8337 being passed. Immigration benefit types that were not previously open to premium processing will have fees determined by regulation using a detailed methodology, according to the legislation.

The legislation does outline the maximum costs and timeframes for processing under benefit types that now qualify for premium processing.

According to the legislation:

• Multinational executives and managers under the EB1 program, along with people of professions with advanced degrees or exceptional ability seeking a National interest Waiver under EB2, a fee not exceeding $2,500 is applicable with a processing time set at 45 days.
   
• Individuals switching to F, J or M category visas will be subject to a fee no more than $1,750 with a processing time not exceeding 30 days.
   
• Foreign nationals looking to switch to a status that classifies them as a dependent in E, H, L, O, P or R visa categories, or seeking to extend their status, will be subject to a fee not exceeding $1,750, with a timeframe for processing no greater than 30 days.
   
• Applications made for employment authorization will be subject to a fee not exceeding $1,500 with a processing time set at 30 days.

The legislation further states that: “The required processing timeframe for each of the applications and petitions . . . shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security.

“USCIS is admonished not to allow an “increase in processing times for immigration benefit requests not designated for premium processing,” the legislation says.

US Secretary of Homeland Security

Under the new legislation, the Secretary of Homeland Security must report to Congress, within 180 days on a five-year plan, to: “1) Establish electronic filing procedures for all applications and petitions for immigration benefits. (2) Accept electronic payment of fees at all filing locations. (3) Issue correspondence, including decisions, requests for evidence, and notices of intent to deny, to immigration benefit requestors electronically. (4) Improve processing times for all immigration and naturalization benefit requests.”

US visa fee increases and flexibility

According to the Forbes report: “In addition to allowing USCIS to raise fees, the legislation also gives the agency more flexibility in how it uses the money.”

The legislation states that, US visa and immigration premium processing fees can be used to: “(A) provide the services described in paragraph (5) to premium processing requestors; (B) make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors; (C) respond to adjudication demands, including by reducing the number of pending immigration and naturalization benefit requests; and (D) otherwise offset the cost of providing adjudication and naturalization services.”

The Forbes report claims that premium processing for US visa and immigration applications would be rendered unnecessary if USCIS could process applications quick enough. However, given the lengthy timescales currently involved in US visa adjudications, the opportunity to pay for a faster service is likely to be welcomed by employers and individuals.

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