Client Payment Portal

Expediting Immigration Applications Before USCIS

May 20, 2020 | Investor Visas

It can be frustrating to file an application or petition before U.S. Citizenship and Immigration Services (USCIS) only to wait through seemingly endless delays. But all may not be lost: USCIS will consider requests to expedite applications and petitions on a case-by-case basis.

It’s easiest and best to make an expedite request at the time of filing. Requests must meet all requirements, including documentation of a compelling reason. Keep in mind that USCIS has the sole discretion to decide whether to grant or deny a request, and the decision itself can take time. A separate option is Premium Processing Service.

Both of these options are discussed below.

Expedite Requests

A successful expedite request might include evidence of medical need, an application that is in the U.S. national interest, or massive financial loss that may ensue if the application is delayed, for example. In cases of government error, the agency is responsible for fixing it. According to USCIS, reasons may include:

  • Severe financial loss to a company or person, provided the need for urgent action is not the result of the petitioner’s or applicant’s failure to file the application/petition or expedite request within a “reasonable” timeframe or respond to any requests for additional evidence in a “reasonably timely manner.” Regarding severe financial loss to a person, USCIS notes that if the expedite request relates to an application for employment authorization or student status, the need to obtain such status “standing alone without any evidence of other compelling factors does not warrant expedited treatment”;
  • Urgent humanitarian reasons;
  • Compelling U.S. government interests (such as urgent cases for the Departments of Defense or Homeland Security, or other public safety or national security interests); or
  • Clear USCIS error.

USCIS may request additional documentation to support expedited processing. USCIS notes that a decision on an expedite request does not constitute approval or denial of the underlying benefit request, but only relates to processing time.

Expedite requests can be made either inside or outside of the United States. Contact information is available at the link below.

Premium Processing Service

Another way to speed up processing is via Premium Processing Service, currently available only for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. USCIS guarantees processing within 15 calendar days for those who request it and pay the fee. The 15-calendar-day period begins when USCIS receives the completed Form I-907, Request for Premium Processing Service. A new 15-calendar-day period begins when USCIS receives a response to a request for additional evidence or a notice of intent to deny.

The fee for Premium Processing Service is $2,500 except for those petitioning for H-2B (temporary nonagricultural) or R-1 (religious) nonimmigrant workers, for which the fee is $1,500. Premium processing is available for R-1 workers only after the petitioner passes an onsite inspection.

Contact your WR attorney for advice and help in specific situations.

More info:

Related Posts:

EB-5 Project Due Diligence, After the EB-5 Reform and Integrity Act of 2022

EB-5 is a job creation program, with an immigration benefit.  The full immigration benefit does not come unless the job creation occurs first.  From both an immigration and financial/investment perspective, it is critical that immigrant investors perform due diligence on EB-5 projects in the market.  With the passage of the EB-5 Reform and Integrity Act (“RIA”) of 2022 and long-term stability in the EB-5 Program, there is reinvigorated interest in this program.  And while some aspects of EB-5 due diligence haven’t changed, the RIA establishes new considerations for prospective EB-5 investors.  We detail some below:

Read More

3 Things We Like, and 3 Things We Don’t Like, About USCIS’ New EB-5 Guidance

By:  Bernard Wolfsdorf and Joseph Barnett Yesterday USCIS released new guidance on the EB-5 Visa which updates the adjudication policy on issues related to Form I-526 and Form I-829 petitions.  In particular, the new guidance attempted to clarify the “at risk” requirements for Form I-526 approval and the “sustainment” requirement for Form I-829 approval.  We blogged on the specifics yesterday, and now we’ve had time to digest the changes. Here are 3 things we like, and 3 things we don’t like, about USCIS’ new guidance: Things We Like USCIS Policy Now Consistent with EB-5 Regulations. Applicable regulations indicate that a Form I-829 must be accompanied by evidence that the EB-5 investor “in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.”  USCIS has now clarified its policy to be consistent with the regulations:  “The sustainment period is the investor’s 2 years of conditional permanent resident status. USCIS reviews the investor’s evidence to ensure sustainment of the investment for 2 years from the date the investor obtained conditional permanent residence. An investor does not need to maintain his or her investment beyond the sustainment period.” USCIS Shows Understanding of Reality of […]

Read More