An End to Certain Types of Expedited Processing
/For years applicants with urgent priorities were given the option to request expediting of their application or were granted a courtesy expedite based on the principal applicant’s petition being premium processed for a fee. Like many other attempts to slow overall processing times and stifle customer service, USCIS is eliminating certain avenues for having a case expedited.
Courtesy Expedites for I-539 Applications:
In March 2019, U.S. Citizenship and Immigration Services (USCIS) revised Form I-539, Application to Extend/Change Nonimmigrant Status, and new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status. With the addition of the new biometric requirement for all I-539 applicants USCIS has reminded practitioners that its longstanding courtesy practice of premium processing I-539 applications filed concurrently with a qualifying I-129 petition could not be continued because it generally takes at least three weeks for the I-539 biometrics to be completed, such that USCIS cannot meet the 15-day premium processing timeframe. Rather, I-539 applications are now separated from the I-129 petition and follow the regular I-539 processing queue, which can take 3 to 7 months for adjudication.
Depending on timing, travel restrictions, visa processing issues, finances, etc., as an alternative to filing the I-539 application with USCIS, derivatives may opt, as the fastest option, to process for a nonimmigrant visa at a U.S. consulate abroad after the I-129 petition is approved, in order to avoid processing delays associated with the adjudication of Form I-539 by USCIS.
Expedite Requests for “Severe Financial Loss”:
In light of USCIS delays across the board from change of status to employment authorization petitions for certain non-immigrants including F-1 students, J-2 spouses, and H-4 spouses, immigration practitioners have gleaned insight on changes to expediting cases. USCIS has updated its Expedite Criteria on its website as related to expediting cases due to delays causing severe financial loss to a company or person. The specific wording on the website is as follows:
“Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
File the benefit request or the expedite request in a reasonable time frame, or
Respond to any requests for additional evidence in a reasonably timely manner…
All expedite requests claiming severe financial loss, regardless of the immigration benefit sought and regardless of whether the claimed loss is to a company or a person, must be documented to establish the loss and that the requestor is not able to withstand the temporary financial loss that is the natural result of normal processing times.”
With this update, anyone experiencing delays in employment petitions should be prepared to provide compelling factors, aside from the need for employment, that warrants expedited treatment. In addition, all applications should be submitted as early as possible, at least up to six months ahead of the expiration date. If you have questions about a specific situation, please feel free to reach out and schedule a consultation with one of the attorneys (info@iandoli.com).
