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-1 To Become Current in October 2018 Again for China and India – Is the Extraordinary Ability Visa the Best Option for Chinese Nationals?

By: Joseph Barnett Mr. Charlie Oppenheim, Chief of the Visa Control and Reporting Division within the U.S. Department of State (“DOS”), recently noted that the Final Action Date (“FAD”) for China employment-based first-preference (“EB-1”) will become current again at the beginning of Fiscal Year 2019, on October 1, 2018.  This is encouraging news, as this visa category has been subject to an FAD since April 2018 and those with approved I-140 petitions have not been able to move forward with immigrant visa processing.  Once current, visas become immediately available to those with approved I-140 petitions. U.S. immigration law offers an avenue to a green card for foreign nationals with extraordinary ability in science, arts, education, business, or athletics through sustained national or international acclaim who are coming to the U.S. to continue to work in their field of endeavor through EB-1A visa classification.  The biggest advantages of EB-1A classification are that (1) no job offer or permanent job position is required; (2) no labor certification is required; (3) self-petitions are allowed; and (4) premium processing is available for USCIS decisions within 15 days. With the China EB-5 visa backlog reaching unreasonable lengths, the EB-1A visa category has become a popular immigrant visa option […]

EB5 Investors Podcast: How Investors Can Navigate EB-5 in 2022, with Managing Partner Bernard Wolfsdorf

Managing Partner Bernie Wolfsdorf was recently featured on the very first episode of the EB5 Investor’s podcast. In this insightful conversation with Ali Jahangiri, Bernie explains new program requirements since June 2nd, 2022, and gives his insight on the Behring case. Watch the podcast here.