The ongoing immigration backlog persists. And in many cases, is getting longer. The option to expedite your case is available. If you choose to submit expedite requests, your filing is taken out of date order, and the decision, whether approval or denial, is received faster than the normal processing time. All visa types are eligible for expedited processing. However, U.S. Citizenship and Immigration Services (USCIS) restricts the circumstances to qualify for expedite requests.

USCIS may expedite a benefit request if it falls under one or more of the following criteria or circumstances:

  • Severe Loss to a Person or Company
  • Emergency/Humanitarian Reasons
  • Nonprofit Organizations
  • Compelling U.S. Government Interests
  • Clear USCIS Error

Severe Financial Loss

The most common eligibility category is a severe financial loss to a person or company. In this category, a company or individual must provide documentation that a severe financial loss will occur if a decision on the underlying cause is not made quickly. For companies, common examples include loss of a critical contract or layoffs due to lack of employment authorization. For individuals, USCIS has clarified recently that job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, if the lengthy adjudication of a case meant an individual couldn’t travel for work, which would result in job loss, USCIS may find that sufficient to warrant expedited processing. However, USCIS has emphasized that the need to obtain employment authorization, standing alone, is not considered sufficient for expedited processing. For those cases, other compelling factors will be needed. Finally, severe financial loss may be established if the failure to expedite would result in a loss of critical public benefits or services.

Whether filing for financial loss to a person or a company, the success of the expedite request will depend on the strength of the supporting documentation and the nature of the individual circumstances.

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 has clarified that an emergency “may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic.” Similarly, those working for pharmaceutical companies on Covid-19 related treatments may have a basis to expedite.

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. USCIS has emphasized that for expedite requests made by a federal agency, the national interest must be immediate and substantive. Substantive means “that the case at hand is of scale or a uniqueness that requires immediate action to prevent real and serious harm to U.S. interests.”

Expedite requests from government agencies must be made by a senior-level official of that agency. For employment authorization expedite requests, it must be proven that the need for that particular person to be authorized to work is “mission-critical.”

Nonprofit Organizations

Last year, USCIS reinstated nonprofit organizations as an eligibility category. Currently, USCIS will accept expedite requests by nonprofit organizations (as designated by the IRS) whose request is in furtherance of the cultural and social interest of the United States. USCIS has specifically identified medical professionals “urgently need for medical research related to a specific social U.S. interest” as an example of who may qualify for an expedite request, which includes those involved in Covid-19 related research and activities. Other examples include university professors urgently needed for specific cultural programs or religious organizations that urgently need a specific service and skillset to continue a vital social outreach program.

USCIS Error

Finally, 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.

Filing expedite requests, while simple at first view, requires expertise and experience to improve your odds of successful acceptance for advanced processing. ILBSG has extensive experience in immigration, including expedited processing. If you have questions, contact us today. We work with you to ensure you get the right advice.

Expedite Requests