Let’s face it, USCIS is a government agency, and not a private business in the service industry. And so, the application of laws and other regulations is its priority—not customer satisfaction. Among the more frustrating consequences of this are long processing times, which are often further prolonged by requests for additional evidence before a decision can be rendered. For some visa categories premium processing is available. This means that, for an additional fee, petitioners can request a speedy adjudication within a certain timeframe (currently 15 calendar days). However, premium processing is not available for all immigration cases, and this can be problematic when there are detrimental outcomes that may result from extensive processing delays.  

To address this issue, USCIS offers the option to request expedited processing for some cases. Granting expedited adjudication is at the officer’s discretion and requests are decided on a case-by-case basis. After all, any expedition entails the delayed processing of another case, which was filed earlier. So, not every request is successful, unless it can be convincingly demonstrated that, under the special circumstances, it is justified. The following list includes a number of reasons that may warrant expedited adjudication:

• Emergencies and urgent humanitarian reasons. Humanitarian reason can clearly constitute legitimate grounds to accelerate the processing of requests and petitions. International crises, such as Russia’s invasion of Ukraine, and natural disasters may create situations in which prolonged processing times can endanger persons health or lives. Other examples include illness, disability, a death in the family, or the urgent need to obtain medical treatment. The pressing need for a timely decision may also result from the risk of negative effects on the general population, such as from slow processing of employment authorizations for healthcare workers during the COVID-19 pandemic. On the other hand, your mere desire to have a request processed so that you can travel for vacation purposes does not constitute an emergency.  
• Severe financial loss to a company or person. Naturally, this does not include cases in which the financial loss can be attributed to the requestor. For instance, if you or your employer failed to file a benefit request on time or did not respond to a request for additional evidence within a given time frame, no expedition will be granted. However, if a company’s operations will come to halt because you cannot continue to perform until USCIS has decided your case—with serious detrimental consequences for employees—then expedition may be warranted. The possible loss of your job may warrant expedited treatment. But the processing of an application for employment authorization itself will usually not be expedited unless there are other compelling factors.
• Nonprofit organization whose request is in furtherance of the cultural or social interests of the United States. If you are working for a nonprofit organization, as defined by the IRS, there might be the option to expedite a request if your role within the organization can be shown to further cultural or social interests (note that merely showing that you work for a nonprofit advancing such interests is not sufficient). Examples may include work for medical research organizations, work for cultural organizations, religious work, or work for social outreach programs.  In each case, it must be shown that your role is crucial to achieve the nonprofit’s social or cultural goals.                                                                                                                                                  
• U.S. government interests. There are multiple areas that may qualify as national interest, including public health, employment matters, public safety, and national security.

If a federal agency issues the expedite request, it must show that the need is immediate and substantive. That the need must be immediate is rather obvious. That the need must be substantial means that the immediate action is required to prevent real and serious harm to the U.S. national interest.

If government agencies (federal, state, and local) wish to request expedited processing, it must be filed by a senior-level official of the agency. A common example are requests to expedite the processing of applications for employment authorization. In such cases, it must be demonstrated that the need goes beyond the mere desire to avoid interruptions in employment. Examples may include noncitizen victims or witnesses cooperating with a federal, state, or local agency who are in need of employment authorization.

• Clear USCIS error. Errors happen. Although this is not a typical reason for delays, this possibility cannot be excluded. If the reasons for prolonged processing can clearly be attributed to USCIS errors, expedited processing is certainly warranted. Naturally, it must be clearly demonstrated that USCIS is responsible for the error.

Not every case that falls into these categories will be approved. Nonetheless, your chances will improve drastically if the reasons for your expedite request are well presented, the detrimental consequences of delays are convincingly explained, and the evidence is carefully selected to support your arguments. Therefore, consultation with an experienced immigration attorney can greatly increase your chances that your expedite request will be successful. Our team can help you by carefully examining your individual case and assessing your chances. If an expedite request is pursued, we will develop a strategy tailored to your specific circumstances and present your reasons in a highly effective manner. If you believe your case may qualify for expedite request, please contact us. We look forward to discussing your options.