The United States Citizenship and Immigration Services (USCIS) recently updated its guidance on expedited requests, a move aimed at offering clearer instructions to petitioners requesting expedited processing of applications and petitions for immigration benefits. This update, announced on May 19th, 2021, revises the USCIS Policy Manual to underscore the criteria and provide better clarification on expedited processing.
The USCIS indicates that expedited processing is most commonly granted in situations where certain compelling factors are present. The agency cites severe financial loss to a company or individual, an emergency situation, humanitarian reasons, the interest of USCIS or another compelling interest of a government agency, among other scenarios as potential circumstances for an expedited request.
Importantly, non-profit status of a requesting organization—in particular those involved in furthering the cultural and social interests of the United States—can be factored in as a compelling reason for expedited processing. In addition, expedited processing might also be considered when critical cases are involved, or where delay due to USCIS error could lead to serious implications.
A vital takeaway is the USCIS’s clarification that expedite requests are not a guarantee, they are granted at the discretion of the office leadership. The decision is based primarily on the supporting evidence and details provided by the requester.
Applicants should make note that the updated policy indicates the request for expedition can be made before or after the submission of the benefit request. However, the guidance for the process to submit an expedited request remains unchanged.
The effective date for the updated policy guidance is May 10, 2021; without a doubt, an understanding of this stipulation is of utmost importance to various parties, including legal practitioners, individuals, and organizations dealing with immigration matters.
In summary, the USCIS has provided detailed directions to petitioners on the criteria, procedures, and basis for approving expedited processing of immigration benefits. It’s important that these guidelines are duly noted in the preparation of any such requests.
For more detailed information about the USCIS update, visit the original article published at the USCIS Newsroom Alerts page https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-guidance-clarifying-expedite-requests.
