Per the USCIS policy manual one may request expedited processing of application and petition that are not eligible for premium processing. The decision to grant expedited processing is within USCIS’s discretion. A request for expedited processing has to be based on one of the following criteria:
- Severe financial loss to a company (as in the company would be at risk of failing) 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;
- Urgent humanitarian reasons;
- Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
- Clear USCIS error.
The need to obtain employment authorization or student status, without evidence of other compelling factors will not be sufficent to obtain expedited processing.
All expedite requests claiming severe financial loss, 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.
Leave a Comment