Expedite Requests with USCIS
For many, how to receive a decision from U.S. Citizenship and Immigration Services (USCIS) faster is a common question. One method for obtaining a decision in a shorter timeframe is to make an expedite request to USCIS.
USCIS will consider expedite requests on a case-by-case basis and has complete discretion whether to grant the request or not.
USCIS may consider an expedite request if it meets one or more of the following criteria or circumstances:
Severe financial loss to a company or person, provided that the need for urgent action is not the result of failing to timely file the benefit request, or timely respond to any requests for additional evidence (RFEs);
A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees.
Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. However, USCIS warns that the need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment.
Emergencies and urgent humanitarian reasons;
For this type of request, humanitarian reasons are those related to human welfare. Examples USCIS provides include illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time.
USCIS request healthcare workers and childcare workers who have a pending Form I-765, Application for Employment Authorization, renewal application; and whose Employment Authorization Document (EAD) will expire within 30 days or less to call the USCIS Contact Center to request expedited processing.
Nonprofit organization whose request is in furtherance of the cultural or social interests of the United States;
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 organization in furthering cultural or social interests. Examples USCIS provides include a medical professional urgently needed for medical research related to a specific social U.S. interest or a university professor urgently needed to participate in a specific and imminent cultural program. Another example provided is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program.
U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense (DOD), U.S. Department of Labor (DOL), National Labor Relations Board (NLRB), Equal Opportunity Commission (EEOC), U.S. Department of Justice (DOJ), U.S. Department of State (DOS), U.S. Department of Homeland Security (DHS), or other public safety or national security interests); or
For expedite requests made by a federal agency, involving other public safety or national security interests, the national interest need must be immediate and substantive. A substantive need does not mean that a delay would pose existential or irreversible consequences to the national interests but rather that the case at hand is of a scale or a uniqueness that requires immediate action to prevent real and serious harm to U.S. interests.
Clear USCIS error.
More detailed information may be found on the USCIS Expedite Requests page.
If you believe that one or more of the situations outlined above might apply to you, we encourage you to contact our office at Powers Immigration Law at (704) 556-1156.