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

[powerpuff 6,649]

38 minutes 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.

I think family trumps employment, although I’d love to see numbers (they’re probably available somewhere, just didn’t dive into that), premium processing would be a temporary bandaid solution for a wound that needs a complex surgery. 

[Mike E 11,739]

2 hours ago, appleblossom said:

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 do not think you should feel guilty. It is likely you will bring more economic value than the average family based immigrant.

2 hours ago, appleblossom said:

 

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.

EB-1 has a maximum of 40,040 visas per year, and yet until August, FY2023 RoW EB-1 was current.  This means that demand for EB-1 has historically been less than supply. I  think this will change in future; you managed to get in before the coming EB-1 apocalypse.
 

Whereas there are no annual limits on “spouses/children/parents”  “of US citizens”. So premium processing for $2500 would not make a difference because of the demand.

 

There are  1.2M new LPRs per year, and 40 percent are immediate family. So 480K immediate family LPRs. 
 

X percent of EB-1s opt for premium. If X is 90, then USCIS has enough capacity to process 36000 EB-1s each in 8 days.

 

36,000 / 480,000 = 8 percent. So if premium processing for immediate family is just $2500, and only 8 percent want it, I could see it working.

 

But I think demand will be at least 50% at that price. So $2500 is too low. I think to limit demand to just 36,000, the price would need to be 2500 * 50/8 = $16K

 

And if X is say 20 percent; then the immediate family premium processing fee would need to be: 

 

8000 / 480,000 = 2 percent

 

50/2 * 2500 = $63K.

 

Whether it is $16K or $63K, can you imagine the howls of outrage if news and social media trotted out a narrative that rich people are cutting the lines to immigrate?

 

Me: I would have paid $63K to get my wife a GC in 8 days. Cheaper than what I paid for my car.

[OldUser 6,562]

4 hours 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. 

Life is somewhat unfair in general. I wouldn't feel guilty about your employment based GC getting approved faster than other's family case.

 

A lot of LPRs, spouses of US citizens will get an opportunity to apply for citizenship on 3 year rule, whereas you'd have to wait for 5 years of residence. So many of them can become US citizens sooner than you!

 

[appleblossom 2,396]

43 minutes ago, Mike E said:

I do not think you should feel guilty. It is likely you will bring more economic value than the average family based immigrant.

EB-1 has a maximum of 40,040 visas per year, and yet until August, FY2023 RoW EB-1 was current.  This means that demand for EB-1 has historically been less than supply. I  think this will change in future; you managed to get in before the coming EB-1 apocalypse.
 

Whereas there are no annual limits on “spouses/children/parents”  “of US citizens”. So premium processing for $2500 would not make a difference because of the demand.

 

There are  1.2M new LPRs per year, and 40 percent are immediate family. So 480K immediate family LPRs. 
 

X percent of EB-1s opt for premium. If X is 90, then USCIS has enough capacity to process 36000 EB-1s each in 8 days.

 

36,000 / 480,000 = 8 percent. So if premium processing for immediate family is just $2500, and only 8 percent want it, I could see it working.

 

But I think demand will be at least 50% at that price. So $2500 is too low. I think to limit demand to just 36,000, the price would need to be 2500 * 50/8 = $16K

 

And if X is say 20 percent; then the immediate family premium processing fee would need to be: 

 

8000 / 480,000 = 2 percent

 

50/2 * 2500 = $63K.

 

Whether it is $16K or $63K, can you imagine the howls of outrage if news and social media trotted out a narrative that rich people are cutting the lines to immigrate?

 

Me: I would have paid $63K to get my wife a GC in 8 days. Cheaper than what I paid for my car.

 

Thank you, that's a very comprehensive response…..just need to look at it tomorrow when I'm not tired and try and work it all out! 😂

[appleblossom 2,396]

2 minutes ago, OldUser said:

Life is somewhat unfair in general. I wouldn't feel guilty about your employment based GC getting approved faster than other's family case.

 

A lot of LPRs, spouses of US citizens will get an opportunity to apply for citizenship on 3 year rule, whereas you'd have to wait for 5 years of residence. So many of them can become US citizens sooner than you!

 

 

That is a very good point! Hadn't thought of that, I feel a bit less guilty now. 😁

[JeanneAdil 6,471]

20 hours 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.

Stats are out for 2023 quarter 2

https://www.uscis.gov/sites/default/files/document/data/Quarterly_All_Forms_FY2023_Q2.pdf

 

considered family still pending  based are 

I 129 (K1)    57,295   

I 130        1,918,709

I 600             648

I 601a        134,378

I 751          225,764

I 800           1,024

I 485         489,835

 

that is 2,827,653 pending family based 

those numbers are pending only / there were 3,965,316 approved 

 

and that doesn't even take in the N 400 cases

 

altogether UCCIS had 8,875,675 cases pending and 3,965,316  approved by March 31, 2023

 

From someone who waited thru this process for 6 years,  letting the more wealthy (those who could afford premimun processing) have priority over all others would  be a new "can of worms "  for petitioners and USCIS and premium processing would not be any faster

 

some countries need the extra work (vetting)

With all the complaints ICE and USCIS get for divorce and he/she used me for a green card,  i could see them thinking to slow the process even more for vetting of suspicious cases