USCIS Releases Updated Guidance for Expedite Request Criteria

On October 11, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance for requests to expedite travel-related documents and expedite requests relating to government interests. The guidance is effective immediately.

Who may file an expedite request?

Individuals who are located inside the United States may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion. USCIS considers expedite requests on a case-by-case basis and has the discretionary authority to approve or deny an expedite request.

The grounds that may be considered to file an expedite request include, but are not limited to, the following:

Severe financial loss to a company or person

The updated guidance states that those filing an expedite request based on severe financial loss to a company or person must provide corroborating documentation supporting their request.

Where a company is involved, such evidence may include documentation proving that the company is at risk of failing, losing a critical contract, or required to lay off other employees.

For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

Where an individual is applying for an expedite based on severe financial loss, evidence of a layoff or termination may be sufficient to establish financial loss.

For example, if an individual is unable to travel for work and this would result in job loss, an expedite might be necessary.

USCIS has said that “an individual’s need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.”

Additionally, severe financial loss can be established if the failure to expedite would result in a loss of critical public benefits or services.

Emergency situations or urgent humanitarian situations

USCIS has updated its guidance to define a humanitarian situation as one where there is,“illness, disability, [or] death of a family member or close friend.”

Natural disasters or other types of conflict may also fall under this umbrella warranting expedited treatment.

However, USCIS has said that the filing of a humanitarian related benefit alone (i.e. asylum applications, refugee applications, and requests for humanitarian parole) will not warrant expedited treatment unless there is evidence of other time-sensitive or compelling factors.

Emergency Situations, Travel-Related Requests

With respect to emergency situations, USCIS will consider travel-related expedite requests submitted with Form I-131, Application for Travel Document, when there is a pressing or critical need for an applicant to travel outside the United States.

Note: Travel solely for vacation is not considered a pressing or critical need to travel.

Unplanned Events

This may occur when an unexpected event arises, if there is a pressing or critical need to travel outside the United States for example to obtain medical treatment for a limited amount of time, or where travel is necessary due to the death or grave illness of a family member or close friend.

Planned events

Expedited processing of a travel document may also be requested if there is a pressing or critical need for an applicant to travel outside the United States for a planned event, but where normal processing times would prevent USCIS from issuing the travel document by the planned date of departure.

For these types of requests, USCIS considers whether the applicant has timely filed the Form I-131, Application for Travel Document, or timely responded to a Request for Evidence from USCIS.

An example of this is when a requestor may have applied for a travel document 5 months ago when they learned of the event, but their case remains pending, and they must travel for an event which is now in 45 days, such as for a:

Work or professional commitment (such as a meeting, conference, forum, seminar, or training)
Academic commitment (such as a study abroad program, research trip, forum, seminar, conference, or practicum); or
Personal commitment (such as a wedding or graduation).

Officers will review travel-related expedite requests on a case-by-case basis to determine if the applicant’s need to travel is pressing or critical.

3. Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States

A nonprofit organization seeking to expedite a beneficiary’s request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests.

Examples may include:

A medical professional urgently needed for medical research related to a specific “social” U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project)
A university professor urgently needed to participate in a specific and imminent cultural program.
A religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program.

4. Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests

An expedite request based on a government interest can involve the interests of any federal, state, tribal, territorial, or local government of the United States.

Expedite requests may be requested in cases that have been identified as urgent by the government because they involve public interest, public safety, national interest, or national security interests. But the government interest must be “pressing and substantive.”

Such an expedite request must be made by a person who has authority to represent the agency or department, such as an official, manager, supervisor, or tribal leader, on the matter for which expedited treatment is being requested.

USCIS has stated in its updated guidance that where a federal agency or department raises a government interest, they will generally defer to that agency’s assessment.

If the request is for an employment authorization filed on Form I-765, the request must demonstrate, “that the need for the applicant to be authorized to work is critical to the mission of the requesting agency or department and goes beyond a general need to retain a particular worker or person.”

For example, expedited processing may be necessary when the applicant is a victim or witness who is cooperating with the government and needs employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.

Clear USCIS error

Finally, USCIS may consider an expedite request based on clear USCIS error when a requestor establishes an urgent need to correct the error.

For example, an applicant who receives an Employment Authorization Document with incorrect information that prevents them from being able to work, may request an expedited replacement document if USCIS caused the error.

Conclusion

USCIS’ updated guidance regarding expedited adjudication is helpful for applicants who are facing unique circumstances and need to request processing on an expedited basis.

These clarifications also make it easier for applicants to understand the types of supporting documentation and situations that may warrant expedited processing.

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