November 8, 2006 | In: 范毅禹律师
EB-1A现可进行Premium Processing 申请
By: Beth Robertie, Esq.
根据USCIS今天公布的消息，从11月13日起EB-1A类别也可进行premium processing的加速申请。Premium processing的申请费用为$1000，USCIS会在15天内处理其申请。之前我们为大家分析过是否应选择premium processing来处理EB-1B(参考本网站在10月3日的文章) ，同样对于EB-1A这类较复杂的申请，我们的建议是一般情况下选择premium processing并不见得申请会快些批准，因为对于加速处理的案件接到Request for Evidence (RFE) 的可能性更大。以下为有关分析：
According to a USCIS Press Release out today, USCIS is expanding premium processing service to include EB-1A Aliens with Extraordinary Ability petitions effective November 13, 2006. Premium processing service allows for expedited processing of a petition within 15 days of filing for an additional filing fee of $1000.
As we have previously noted regarding the premium processing option already available for EB-1B petitions, it is our opinion that premium processing for these types of petitions is a poor choice in most situations and will most often lead to a Request for Evidence (RFE) that otherwise may not have been issued. Due to the time constraints imposed by premium processing, the Service is left with a very small window of time within which to adjudicate an EB-1A or B petition. Because of the complexity and somewhat subjective nature of EB-1A and B petitions, it is our opinion that instead of issuing a decision within 15 days, the service will most often issue an RFE in order to buy more time, so to speak, before having to adjudicate the petition. Given more time with the same petition, while it is possible that an RFE still would have been issued, in our opinion it is not as likely. While there may be several other issues that may be considered when weighing the option of upgrading one’s case to premium processing, we believe that in most cases it is an unnecessary and expensive risk that may well complicate an otherwise straightforward case. Of course, there are cases and situations in which premium processing may be a viable alternative to normal processing; however, only a very few people who are truly in the upper echelon of their field of expertise and are able to provide an abundance of evidence attesting to their prestige would be well advised to take this risk. Unless both you and your attorney have absolute faith in the strength of your EB-1A or B petition, premium processing is probably not a good option for you. If you feel that you would benefit from premium processing your EB-1A or B petition, discuss the option thoroughly with your attorney in order to weight the pros and cons of this alternative before making a final decision.
本文由范毅禹律师事务所提供
本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。
www.fan-law.com (Chinese)
www.fanuslaw.com (English)
CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP.370 E. Glenarm St., Pasadena , CA 91106Tel: 626-799-3999 Fax: 626-799-9966
MARYLAND : Fan, Fitzpatrick & Thompson, LLP.230 North Washington Street, Suite 400 , Rockville , MD 20850Tel: 301-251-2636 Fax: 301-251-0313