Why is Premium Processing not available for family based immigrant visas?

[appleblossom 2,476]

I often lurk around the forums reading threads from spouses/children/parents etc of US citizens, and feel slightly guilty that my (employment based) immigrant visa application has taken so much less time than theirs. I'm struggling to understand the logic of why I can apply and get approval within 8 days, but somebody married to a US citizen has to wait a year or potentially even longer for that decision.

 

Anybody know why? Just intrigued really as to how the applications are treated so differently, and I almost feel it should be the other way around. I'm sure there is some brilliantly logical explanation that I'm missing, but I've no idea what it could be.

 

Apologies if this is the wrong place mods, please feel free to move…...😊

[M+K IL 102]

13 minutes ago, appleblossom said:

I often lurk around the forums reading threads from spouses/children/parents etc of US citizens, and feel slightly guilty that my (employment based) immigrant visa application has taken so much less time than theirs. I'm struggling to understand the logic of why I can apply and get approval within 8 days, but somebody married to a US citizen has to wait a year or potentially even longer for that decision.

 

Anybody know why? Just intrigued really as to how the applications are treated so differently, and I almost feel it should be the other way around. I'm sure there is some brilliantly logical explanation that I'm missing, but I've no idea what it could be.

 

Apologies if this is the wrong place mods, please feel free to move…...😊

You having applied for EB-1 likely makes a huge difference here -- I did my EB-2 when it was considered fast (2017-8) and it took over a year in total, not 8 days to approval

[Boiler 45,466]

Your basic error is considering anything about this as logical, it is a mess, mainly politics  but also policies that have been changed, altered over the years.

 

Also you are showing EB1, now that is a tiny percentage of work visas. And I am sure your total process was a lot longer than 8 days.

 

Generally work based immigration visas take longer than Immediate Family based visas. At the other end you could find really long times, look at F4 and EB3 India.

 

As far as actual processing is concerned of course an I 130 does not take a year, less than an hour, I have seen various times mentioned. So most of the time factor is the case sitting somewhere.

 

You could also look up DCF times which tend to be a few months start to finish and I have seen some that have been very quick.

 

They seem to introduce different programmes without thinking through what will happen. The various Humanitarian Programmes, and my favourite is the U Visa. I remember seeing that launch for victims of crime, 10,000 a year and wondering how quickly that would go wrong. Many victims of crimes are also criminals. And of course everybody and his dog applied, so there is, last time I saw a 30 year backlog and growing.

 

 

[appleblossom 2,476]

1 minute ago, M+K IL said:

You having applied for EB-1 likely makes a huge difference here -- I did my EB-2 when it was considered fast (2017-8) and it took over a year in total, not 8 days to approval

 

I don't think it does tbh, as most employment based visas (even temporary ones) can apply using Premium Processing, including EB2. Obviously that does mean only those with either a generous employer, or the funds themselves to pay for it, can apply via PP and those that don't have that option will take much longer. But it's still possible for any employment based visa to get a decision within 15 business days, unlike family cases. 

[appleblossom 2,476]

3 minutes ago, Boiler said:

Also you are showing EB1, now that is a tiny percentage of work visas. And I am sure your total process was a lot longer than 8 days.

 

 

It was (5.5 months) but it's the I-130/I-140/I-129 decision that is what I'm looking at, and why one group can apply using PP but another can't. All work visas can get a quick decision by paying extra, so why can't a spouse/child/parent? Perhaps you're right, and I'm just trying to apply logic where there isn't any! I just wondered if there was a logical reason for it, but perhaps not.

Edited July 24, 2023 by appleblossom

[Boiler 45,466]

3 minutes ago, appleblossom said:

 

I don't think it does tbh, as most employment based visas (even temporary ones) can apply using Premium Processing, including EB2. Obviously that does mean only those with either a generous employer, or the funds themselves to pay for it, can apply via PP and those that don't have that option will take much longer. But it's still possible for any employment based visa to get a decision within 15 business days, unlike family cases. 

EB2 is retrogressed, so expediting the I 140 makes little sense.

 

Most EB are retrogressed, some significantly.

[M+K IL 102]

4 minutes ago, appleblossom said:

 

I don't think it does tbh, as most employment based visas (even temporary ones) can apply using Premium Processing, including EB2. Obviously that does mean only those with either a generous employer, or the funds themselves to pay for it, can apply via PP and those that don't have that option will take much longer. But it's still possible for any employment based visa to get a decision within 15 business days, unlike family cases. 

Could be. But for EB-2 and EB-3 at least, you likely can't shorten the time it takes to do PERM that much - you have to prove a suitable candidate can't be found first. After PERM is done, then sure. I think my employer did premium processing, because it seems to move quite fast after that.

[appleblossom 2,476]

1 minute ago, Boiler said:

EB2 is retrogressed, so expediting the I 140 makes little sense.

 

Most EB are retrogressed, some significantly.

 

It's only just retrogressed though, has been current for years previously. But yes, no point in paying for PP if there's no visa available anyway. 

 

Still doesn't make sense to me why immediate relatives don't have the option of PP. 🤷‍♀️

[Boiler 45,466]

The one thing I have noticed is that there have been shifts from one category to another. H1b became super popular and then saw a lot more L1s. More recently EB2 NIW which I knew about but very rarely saw became the flavour of the month, especially as it does not need PERM. I have seen quite regular applicants get approved so why not. 

 

If you could pay $1000 whatever and have your case reviewed in 15 days rather than a year plus I assume most people would. So how would they actually do it and if they can why can they not anyway.

 

As an aside years ago an Indian friend got married in India and filed to bring his spouse to the UK, took about a month, he could have premium processed if he wanted it quicker.

[powerpuff 6,697]

14 minutes ago, appleblossom said:

Still doesn't make sense to me why immediate relatives don't have the option of PP. 🤷‍♀️

I feel like because the vast majority of family based applicants would apply for premium processing making it… not premium processing any longer. I do not think it’s a viable option for family based petitions for that reason. 

[appleblossom 2,476]

11 minutes ago, Boiler said:

The one thing I have noticed is that there have been shifts from one category to another. H1b became super popular and then saw a lot more L1s. More recently EB2 NIW which I knew about but very rarely saw became the flavour of the month, especially as it does not need PERM. I have seen quite regular applicants get approved so why not. 

 

If you could pay $1000 whatever and have your case reviewed in 15 days rather than a year plus I assume most people would. So how would they actually do it and if they can why can they not anyway.

 

As an aside years ago an Indian friend got married in India and filed to bring his spouse to the UK, took about a month, he could have premium processed if he wanted it quicker.

 

It's $2500 now, but yes, probably worth it for most people. UK spousal sponsorship is a heck of a lot quicker than going the other way, that's for sure. I think there's even a 'same day decision' you can pay for if you wish.

[Boiler 45,466]

7 minutes ago, powerpuff said:

I feel like because the vast majority of family based applicants would apply for premium processing making it… not premium processing any longer. I do not think it’s a viable option for family based petitions for that reason. 

We both said the same thing, the high speed option was DCF where you only had to be resident, and then they restricted that so you had to come up with a specific reason.

 

I can not keep up with all the things you can premium process https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing it does change and most of the categories we do not see here.

[appleblossom 2,476]

10 minutes ago, powerpuff said:

I feel like because the vast majority of family based applicants would apply for premium processing making it… not premium processing any longer. I do not think it’s a viable option for family based petitions for that reason. 

 

That's a good point. I wonder what the total number of employment based visas (EB 'green cards', as well as all the temp work visas that can also use PP i.e. L1/H1's) would be, versus family based applications. Presumably a lot more family than employment, so that may well be a reason.

[Boiler 45,466]

1 minute ago, appleblossom said:

 

It's $2500 now, but yes, probably worth it for most people. UK spousal sponsorship is a heck of a lot quicker than going the other way, that's for sure. I think there's even a 'same day decision' you can pay for if you wish.

 

People tend to assume that the US Government is efficient and it comes as a surprise when you find otherwise.

 

I was quite lucky with my Social Security number, and then came the DMV.

[Boiler 45,466]

1 minute ago, appleblossom said:

 

That's a good point. I wonder what the total number of employment based visas (EB 'green cards', as well as all the temp work visas that can also use PP i.e. L1/H1's) would be, versus family based applications. Presumably a lot more family than employment, so that may well be a reason.

 

L and H are non immigrant so that would be comparing with a B, but then most people from the UK can use the VWP which is usually close to instantaneous. B's have slowed down but you used to be able get an appointment most places in a few days.