USCIShas announced new guidanceon when an application may be granted expedited processing. Requests for expedited processing are consideredby USCIS, on a case-by-case basis, when premium processing service is notavailable. Generally, expedited requestsare considered based on the following criterion:
– Severe financial loss to a company or person;
– Urgent humanitarian reasons;
– Cultural and social interests of the UnitedStates; or
– Clear USCIS error.
USCIShas clarified the criteria for requesting expedited processing. A company mayrequest expedited processing when it has suffered severe financial loss due to adelay in processing. Companies can successfully demonstrate severe financialloss if they are at risk of failing, losing a critical contract, or required tolay off other employees. They can also demonstrate severe financial loss if afailure to expedite would result in a loss of critical public benefits.
Nonprofitorganizations may now request expedited processing, even if premium processingis available. USCIS will grant nonprofit petitioners expedited processing, withouta fee, provided they are designated as a nonprofit organization by the IRSand their requests are made in furtherance of cultural and social interests ofthe United States.
USCISfurther reinforced that expedited requests for noncitizens with a final orderof deportation or noncitizens in deportation proceedings, are still coordinatedbetween USCIS and U.S. Immigration and Customs Enforcement (ICE). This updated policyis effective immediately.