Premium Processing Service May Be Expanded to Many Additional Types of Cases 

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Premium Processing Service May Be Expanded to Many Additional Types of Cases 

Premium Processing is the service provided by the USCIS where the applicant of certain types of visas can get a response from the USCIS within 15 business days. Given our track record, we usually advise clients not to pay the extra fee but for those with extremely tight deadlines and strong cases, it is a useful option. Note that the premium processing fee has now gone up to $2,500 for O-1 cases. 

Currently, only certain types of non-immigrant visa classifications are eligible for premium processing, including tE-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket L-1), O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN-1 and TN-2, and certain immigrant visa applications.  

If a pending bill is approved, the Premium Processing service would be extended to the following visa types: 

The National Interest Waiver (“NIW”) Green Card is a lesser known option than the Extraordinary Ability Green Card. Both these classifications allow the applicant to “self-petition” and therefore no employer sponsorship is required. This makes them both extremely attractive options. Our firm has a good success rate with NIW cases, which are currently not eligible for premium processing and we hope that will change.  Due to the extremely stringent standards with which the Extraordinary Ability Green Cards have been adjudicated over the past few years, the National Interest Waiver should be seriously considered. 

The NIW processing times vary from 6-12 months We just had two cases approved – one for Japanese creative director, jewelry designer, and small business owner, Tatsuye Otake, who heads up the boutique studio, 8.6.4 Design (www.864.com), and another for the Cultural Representative of Veracruz and Mexican performer, Rafael Reyes (www.rafareyes.com). We also had an EB-1 approved for the landscape designer, Yadan Luo, from Olin Studio (www.theolinstudio.com). They were all approved without a Request for Evidence.  

PERM/Labor Certification 

The labor certification processing times and results have been favorable. We recently got fairly swift labor certifications for an architectural designer from Peru and for an Italian Communications Specialist from Italy. The former holds an O-1B visa obtained by our office and the latter holds an H-1B visa obtained by our office. Both PERM cases were approved in around 4 months.  

 Waiver of In-Person Interviews for Employment-Based Adjustment of Status Cases 

Due to COVID-19, we have found that all of our employment -based cases were approved without having to attend the usual in-person interview at the District Offices. Needless to say, this has been a huge relief for our clients, who were thrilled to get their Green Cards in the mail.  

 
Country Profession Date Filed Date Case Approved RFE? PP?
Korea

China

Japan

Mexico

Canada

Architect

Landscape Designer

Creative Director

Dancer/Choreographer

Dancer/Choreographer

01/08/20

09/24/19

09/03/19

02/27/20

6/6/19

11/16/20

10/31/20

10/19/20

10/20/20

02/10/20

No

No

No

No

Yes

No

No

No

No

No

Japan Lighting Designer 7/10/19 25/3/20 No No

 
Country Profession Date Filed Date Case Approved RFE? PP?
Germany Data Scientist and Researcher 5/16/18 1/24/19 No No
Australia Multidisciplinary artist 5/8/18 2/4/19 No No
Italy Choreographer 5/21/18 5/28/19 Yes No
Korea Architect 8/7/18 2/20/19 No No
Japan Lighting designer 10/2/18 3/25/19 No No
Korea Dancer/Choreographer 6/15/18 4/27/19 No No
Taiwan Lighting designer 11/26/18 6/3/19 No No
Taiwan Creative Director 8/15/18 6/25/19 Yes No
France Design Director 12/12/18 7/16/19 No No

 
Country Type of artist Date Filed Date Case Approved RFE? PP?
Ireland Arts Consultant December 14, 2017 December 27, 2017 No Yes
Japan Jewelry Designer March 20, 2018 March 27, 2018 No Yes
Australia Graphic Designer May 8, 2017 April 5, 2018 Yes No
Japan Lighting Designer October 20, 2018 April 30, 2018 No No
Japan Production Manager December 25, 2017 May 21, 2018 No No
Japan Musician January 8, 2018 June 6, 2018 No No
Japan Digital Composer March 20, 2018 August 29, 2018 No No