Friday, June 11, 2021

USCIS UPDATES GUIDANCE ON EXPEDITED PROCESSING

USCIS has announced new guidance on when an application may be granted expedited processing.  Requests for expedited processing are considered by USCIS, on a case-by-case basis, when premium processing service is not available.  Generally, expedited requests are considered based on the following criterion:

-      Severe financial loss to a company or person;

-      Urgent humanitarian reasons;

-      Cultural and social interests of the United States; or

-      Clear USCIS error.

USCIS has clarified the criteria for requesting expedited processing. A company may request expedited processing when it has suffered severe financial loss due to a delay in processing. Companies can successfully demonstrate severe financial loss if they are at risk of failing, losing a critical contract, or required to lay off other employees. They can also demonstrate severe financial loss if a failure to expedite would result in a loss of critical public benefits.

Nonprofit organizations may now request expedited processing, even if premium processing is available. USCIS will grant nonprofit petitioners expedited processing, without a fee, provided they are designated as a nonprofit organization by the IRS and their requests are made in furtherance of cultural and social interests of the United States.

USCIS further reinforced that expedited requests for noncitizens with a final order of deportation or noncitizens in deportation proceedings, are still coordinated between USCIS and U.S. Immigration and Customs Enforcement (ICE). This updated policy is effective immediately.

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