U.S. Citizen and Immigration Services (USCIS) Updates Guidance on Expedite Requests for Pending Applications
/USCIS updated its Policy Manual on January 25, 2022, to reflect new guidance on how it determines whether a case is eligible for expedited treatment. This update clarifies the criteria and circumstances under which USCIS generally considers expedite requests from nonprofit organizations as determined by the Internal Revenue Service; provides additional examples of when it may consider expedite requests made by federal, state, or local agencies, including labor and employment agencies; adds examples to further illustrate how the expedite criteria relates to emergencies and urgent humanitarian reasons; and explains that some circumstances may affect or delay its ability to expedite an application or petition.
Some notable examples include:
Severe Financial Loss as a Basis for Expedited Treatment: A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or required to lay off other employees. Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.
Nonprofit Organization Seeking Expedited Treatment: A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests).
A case that meets one of the scenarios listed by USCIS may still be denied expedited treatment for various reasons. USCIS does not provide justification or otherwise respond regarding decisions on expedite requests.
