The United States Citizenship and Immigration Services (“USCIS”) has released a new policy update pertaining to expedited processing. Under the updated criteria, USCIS provides further guidance as to whether expedited processing may be warranted. The new policy highlights include the following:
- Clarifies criteria and circumstances under which USCIS will generally consider expedited requests.
- Restores the ability for a nonprofit organization as determined by the United States Internal Revenue Service (“IRS”) whose requests is in furtherance of the cultural and social interests of the U.S. to request that a benefit be considered for expedited processing, even if premium processing is available for that benefit.
- Clarifies that expedite processing of benefit requests for noncitizens with final orders of removal or noncitizens in removal proceedings is coordinated between USCIS and the United States Immigration and Customs Enforcement Agency.
Because expedited processing is a unique situation adjudicated on a case-by-case basis, USCIS may grant the request based one or more of the following circumstances:
- Severe financial loss to a company or person provided that the need for urgent action is not the result of petitioner or applicant’s failure to either timely file the benefit request or timely to respond for requests for additional evidence;
- Emergencies and humanitarian reasons;
- Non-profit organization (as designated by the IRS whose request is in furtherance of the cultural and societal interests of the U.S).
- S. government interests such as urgent cases for federal agencies or national security interests;
- Clear USCIS error.
For more information on USCIS’s policy updates on expedited processing, contact us today at firstname.lastname@example.org and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila, and Taipei.
Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.