As many ILBSG clients are already aware, USCIS’ average processing times can be very long, spanning from 6 – 18 months or longer depending on case type. Particularly over the last year with additional delays due to COVID-19, lengthy adjudication can have a major impact on affected individuals’ lives, families, and ability to work. Many clients seek to have their cases expedited, but this process can be confusing and frustrating in itself. This article seeks to clarify who is eligible for expedited processing, provide detailed instructions for how to request this type of relief, as well as update our clients on a recent update which expanded the eligibility criteria for some cases.

Eligibility Requirements:

Traditionally, there have been four categories in which you may qualify for expedited handling of your case:

(1) Severe Loss to a Person or Company;
(2) Emergency/Humanitarian Reasons;
(3) USCIS Error; and
(4) Compelling U.S. Government Interests.

In an update this week, USCIS announced a fifth category for (5) Nonprofit Organizations. When reviewing the eligibility requirements, it’s important to keep in mind that USCIS considers all expedite requests on a case-by-case basis and any request will need to be supported by compelling, detailed documentation. The eligibility categories are described below:

Severe Financial Loss: The most commonly used eligibility category is a severe loss to a person or company. In this category, a company or individual will need to provide documentation that a severe financial loss will occur if a decision on the underlying case is not made quickly. For companies, common examples include loss of a critical contract or layoffs due to lack of employment authorization. For individuals, loss of employment without other compelling factors will not rise to the level of loss needed for an expedited request. In either scenario, the success of the expedited request will depend on the strength of the supporting documentation.

Emergency/Humanitarian Reasons: Another commonly used eligibility category is for emergency/humanitarian reasons. This is a broader category used for when you have an urgent humanitarian matter, such as required time-sensitive medical treatment. Because this category is broad, any request needs to be supported by very detailed, thorough documentation. Due to the time-sensitive nature of this category, it is important to work with an immigration attorney in these situations.

USCIS Error: You may also request expedited processing if there is an issue in your case involving a USCIS error. This category has a higher likelihood of success if you can clearly show USCIS’ mistake through documentation or written correspondence. For example, if USCIS has included the wrong date on your receipt notice and you are at risk of losing lawful immigration status, an expedite request may be the best course of action for you.

Compelling U.S. Government Interests: Next, you can place an expedite request if there are compelling U.S. government interests affected by the delayed processing of your case. This category is the most challenging to prove eligibility under. You will need to provide USCIS with strong documentation to support that the swift adjudication of your petition is required to prevent real and serious harm to U. S. interests.

Nonprofit Organizations: Finally, in the newest category announced by USCIS, requests will be accepted by Nonprofit organizations whose request is in furtherance of the cultural and social interest of the United States.

How to Place an Expedite Request:

It is important that you place your expedite request for your case only after you have already received your receipt notice. Once you have a receipt notice in hand, you will call USCIS’ toll-free number, 1-800-375-5283 (or 1-800-767-1833 for TTY disability call), and ask to speak with a live agent. Often, the automated system will ask you to go online and use “Emma” (USCIS’s online automated system). However, if you are persistent and ask to make an appointment, you will be connected to a live agent.

Once you get connected to a USCIS agent, simply inform them that you wish to place an expedite request. They will begin to go through all the eligibility categories and explain the process. Some USCIS agents will simply check which category you are requesting under and end the conversation. If that happens, ask the USCIS agent to slow down so you can fully explain your circumstances. The more detailed the request is, the more likely it is to be approved. After you get off the phone, you will receive an e-mail to which you can respond and submit supporting documentation to USCIS. Make sure the documents you submit are clear and precise. USCIS officers review hundreds of expedite requests a day, so you want to present the most important information in the most efficient way possible. Once the request is submitted to USCIS, you will receive an expedite service request number. You can use that number to track your request on the USCIS website.  If you have a USCIS account, this will make it even easier to track.

USCIS will try to respond to these requests within 10 to 15 days. However, as stated earlier, USCIS reviews these kinds of requests on a case-by-case basis and it may take up to 45 days to get a response.

Impact of the Latest Policy Updates from USCIS on Expedite Requests:

On June 9, USCIS announced a series of policy updates that will improve processing times and reinstated a specific category for nonprofit organizations (as designated by the Internal Revenue Service(IRS)) whose requests are in furtherance of the cultural and social interests of the U.S. This is an opportunity for relief for some nonprofit organizations, as the expedite category is not limited to benefit requests which are not eligible for premium processing. In other words, even if the application/petition could be filed in premium processing, nonprofit organizations can first try to place an expedite request, to avoid the hefty premium processing fee. Since nonprofit organizations often have limited resources, this is great news.

Nonprofit organizations are organized and operated for a collective public or social benefit, so expanding the eligibility categories to include those organizations seeking to project the cultural and social interests of the U.S. makes sense. Since religious organizations, such as churches and temples, typically have nonprofit status through the IRS, these organizations may benefit from this update. For example, religious institutions may request to have their religious leaders’ cases expedited in furtherance of the cultural interests of the United States.

As always, ILBSG reminds its clients that success in immigration matters depends on the strength of your documentation. Expedite requests are handled on a case-by-case basis and proper documentation is crucial to success in this area. Even with strong documentation, USCIS can deny these requests in its discretion, so this relief is not guaranteed.

In evaluating whether to use premium processing or whether an expedite request may benefit you in situations where premium is not available, please reach out to an ILBSG attorney today.

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