On Tuesday, USCIS updated their policy manual
to reflect new guidance on expedite requests.
They included examples to help applicants understand
when they might qualify and clarification of what might count as an emergency.
So will you be able to expedite your case?
When do these changes go into effect?
And how do you apply if your case qualifies?
Stay tuned because we are going to answer these questions and take a look
at some examples provided by USCIS.
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So what specific changes has USCIS announced
to their guidance on expedite requests?
In the announcement released on Tuesday, they listed four specific updates
to their policy manual that are all effective immediately.
Clarification of the criteria and circumstances under
which they generally consider expedite requests from nonprofit organizations.
Additional examples of when they may consider expedite requests
made by federal, state or local agencies,
including labor and employment agencies.
Examples to further illustrate how the expedite criteria
relates to emergencies and urgent humanitarian reasons,
and an explanation of how some circumstances may affect
or delay their ability to expedite an application or petition.
This is likely due to the large number of expedite requests
they have been receiving as the visa backlog continues to grow.
Their goal might be to help applicants better understand when they don't qualify
for expedited processing and to highlight new criteria related to the pandemic.
So does your case qualify?
Let's take a closer look
at each of the circumstances under which USCIS will expedite.
In one of my recent videos
about "eight ways you can speed up your immigration process,"
I mentioned the criteria USCIS uses to approve an expedite request,
but did not discuss the specific examples, so let's do that now.
The first circumstance listed by USCIS is severe
financial loss to a company or person.
In the case of a company, this means it is at serious risk of failing,
losing a critical contract or having to lay off employees.
An example is a medical office that would have to lay off
its medical staff if there is a gap in the doctor's employment authorization.
In the case of a person, severe financial loss might include losing one's job
or losing critical public benefits or services due to being unable to travel.
The second circumstance is emergencies and urgent humanitarian reasons,
which are typically related to human welfare.
Examples might include illness, disability, extreme living conditions,
death in the family, or an urgent need to travel to obtain medical treatment.
This could also include expediting employment authorization
for health care workers during a national emergency like COVID 19.
USCIS has also made it clear that a desire to travel
for vacation does not meet the definition of an emergency.
The third circumstance is a nonprofit organization whose request
is in furtherance of the cultural or social interests of the United States.
Examples include a medical professional who is needed for urgent medical research
or a university professor who needs to participate in a cultural program.
The fourth circumstance is US government interests,
which may include cases identified as urgent by government agencies
as well as public safety or national security interests.
For government agencies, the expedite request must be made by a senior level
official of that agency, and if it relates to employment authorization,
then the applicant must demonstrate that getting approval is mission
critical beyond just the need to retain a particular person.
An example they provide is a non-citizen victim or witness cooperating
with a federal, state or local agency who needs employment authorization
because the agency is seeking back pay or reinstatement in court proceedings.
USCIS considers all expedite requests on a case by case basis
and has the discretion to approve or deny any one of them.
If you think your case is eligible for expedited review,
you can contact the USCIS Contact Center at 1-800-375-5283
or use the "Emma" chat box on the USCIS website.
Make sure you have obtained a receipt notice for your case
before you contact them, otherwise, they will not be able
to refer your request to the appropriate office.
And if you want to hear the eight ways you can speed up your immigration case
with USCIS, I will include a link to that video here.
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Click here to watch this video and I'll see you there.