This guidance discusses the current U.S. Citizenship and Immigration Services (USCIS) expedite request policy and procedure, providing tips for foreign nationals on the criteria and process. The most relevant common reasons for such request are urgent and emergency international travel related to Form I-131, Application for Travel Documents. Note that there may be specific benefit requests that are not covered in this guidance.
As expedite requests are subject to agency policy and resources, it is important to take into consideration there may be shifting priorities and updates to USCIS expedite policy and procedure under the Trump Administration. This guidance intends to provide foreign nationals with the current situation, as well as an understanding that these requests can be confounding, and it is very likely that such requests may be granted less frequently in the future.
Recent Updates to USCIS Expedite Requests
On March 21, 2024, USCIS published updated policy guidance clarifying how it considers expedite requests related to government interests, and requests related to emergency or urgent humanitarian situations, including travel-related requests. More recently, on October 11, 2024, USCIS clarified its expedite criteria, primarily regarding Form I-131 for emergency international travel. The Agency has refined its guidance on expedite requests on an ongoing basis, with prior policy changes announced in 2022 and 2021.
USCIS Expedite Criteria or Circumstances
USCIS may expedite an application, petition, request, appeal, or motion on a case-by-case basis at its discretion. USCIS considers the totality of the circumstances and evidence submitted in support of an expedite request. Relevant criteria or circumstances that may be considered by USCIS in determining whether to grant an expedite request include, but are not limited to, the following five types of circumstances:
- Severe financial loss to a company or person, provided the need for urgent action is not the result of the petitioner or applicant’s failure to timely file. USCIS provides the following examples:
- A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or required to lay off other employees.
- Situations where failure to expedite would result in a loss of an individual’s critical public benefits or services.
USCIS notes that the need of a noncitizen to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.
- Emergencies or humanitarian situations, defined by USCIS as “a pressing or critical circumstance related to human welfare.” Human welfare is defined by USCIS as “issues related to the well-being of a person or group.” Examples include, but are not limited to, illness, disability, or death of a family member of close friend, or extreme living conditions, such as those caused by natural catastrophe or armed conflict.
- USCIS provides two specific examples of emergencies and urgent humanitarian situations where an expedite request may be justified—when a vulnerable person’s safety may be otherwise compromised or health care workers are needed during a pandemic to facilitate the well-being of others.
- USCIS emphasizes that humanitarian-based benefit requests by themselves, without evidence of other time-sensitive compelling circumstances, do not warrant expedited treatment.
- USCIS guidance provides a detailed chart of examples of an event and types of evidence that may be used for the listed circumstances. Examples include death or illness of a family member or close friend, pressing or critical medical treatment, professional commitments, wedding or personal commitments, and academic-related commitments, with evidence documenting the connection of the requestor with the pressing need.
- Guidance for travel-related requests related to benefit requests filed using Form I-131, is covered in more detail in this guidance under the sub-heading Common Situation: USCIS Expedite Requests and Emergency Travel below.
- Nonprofit Organizations – Nonprofit organization sponsors must demonstrate an urgent need to expedite based on the beneficiary’s specific role in the nonprofit in furthering cultural or social interests. This is different from the organization’s general role in furthering social or cultural interest. When making this request, the organization should explain why the beneficiary is specifically needed—it is not enough to cite a general shortage of workers.
- Examples provided by USCIS include a professional engaged in research related to a specific U.S. social interest, a professor working on a specific and imminent cultural program, or a religious organization’s need for the beneficiary to continue a vital social outreach program.
- As noted, nonprofits that are designated as such by the Internal Revenue Service (IRS), and who are premium processing eligible, may still request expedited processing. Both pathways may be ways forward in these cases when a client may also consider filing or upgrading to premium processing.
- Expedited Treatment Based on Government Interests – Refers to cases identified as urgent by a federal, state, tribal, territorial or local government of the U.S because they involve public interest, public safety, national interest, or national security interests. Note that USCIS generally will defer to a federal agency or department’s assessment.
- The request must be made by a person with authority to represent the government agency, such as an official, manager, supervisor, or tribal leader, on the matter for which expedited treatment is being requested.
- The request must attest to the pressing and substantive need for the governmental unit making the request. If the request relates to employment authorization, the request needs to demonstrate the work is critical to the government and goes beyond the general need to employ or retain a particular foreign national.
- USCIS provides the following examples:
- A victim or witness cooperating with a government agency involved in court proceedings.
- A government lab or grantee needs a noncitizen scientist.
- Clear USCIS error. In such situations, the requestor must still establish an urgent need to have USCIS correct the error expeditiously.
- An example is requesting a new employment authorization document (EAD) because the original was issued with incorrect information, preventing the noncitizen from working.
Who is Not Eligible for an Expedite Request?
In considering whether to make an expedite request, note that “[a] benefit requestor cannot request expedited processing for petitions and applications where premium processing service is available for their filing category unless they meet the exception for certain nonprofit organizations.”
When to Submit an Expedite Request
Typically, a request is submitted after USCIS issues the receipt notice. While in some instances, the request and supporting documents may be submitted with the initial filing, experience has shown that these requests are not always elevated and often not acted upon because of how a benefit request is initially reviewed during intake. It is most effective to submit the expedite request once a receipt number is issued.
It is advisable to check current case processing times and the case status before submitting an expedite request, especially if making such a request when a case has been pending for some time. USCIS may look negatively at requests where the stated timeline for the expedited immigration benefit is already within USCIS processing times. Additionally, foreign nationals should confirm there are no pending actions, such as an outstanding Request for Evidence (RFE) response, by checking the case status online prior to submitting an expedite request. If there is required action, such as submitting biometrics, evidence or responding to an RFE, you should complete such action before submitting an expedite request.
USCIS states that only one expedite request should be made to reduce duplicative efforts and that multiple requests may delay the Agency’s ability to expedite processing.
How to Make an Expedite Request
The manner of seeking an expedite request will vary depending on the type of immigration benefits being sought. In general, for most benefit types, you should make your request to expedite with the USCIS Contact Center or Ask Emma using case information such as the receipt number, client address, and basis for the expedite. Requests, in some circumstances, can also be made within the USCIS online account through a “Secure Message” with “expedite” as the reason for the inquiry. It is important to clearly articulate the request around at least one of the five specified grounds for an expedite and the guidance provided by USCIS.
When possible, we find that submitting a request via a USCIS online account allows for better tracking of the request as well as making the submission of documents easier. Regardless of the means of making the expedite request, supporting evidence is needed to justify the request.
Specific Procedures for Certain Application Types
USCIS notes that the expedite requirements and process are different for certain applications, including:
- Adoption
- Appeals or motions
- Asylum
- Refugee status
- Petition for refugee/asylee relative
- Humanitarian parole
- T nonimmigrant status
- U nonimmigrant status
- Other benefit requests that are pending with offices outside the U.S.
The instructions for these are explained in additional detail in the Appendix to this resource.
To make a request, the reasons for the expedite must be clearly articulated based on at least one of the five criteria noted above and supported with documentation that may be requested to be submitted. The documents that may be required to support a request vary depending on the circumstances of the benefit request and under which of the above five reasons the expedite request is made. Examples of supporting documents in employment or work authorization cases can be a letter from the employer explaining the circumstances, citing financial data, and data on the number of employees impacted. Healthcare workers may qualify under a separate category, as may other critical infrastructure workers. It is important to articulate and support the request in line with USCIS guidance to provide the best possible chance of such a request being approved.
Seeking Assistance from a Member of Congress
Foreign nationals may consider seeking assistance from a member of Congress or Senator to assist with submitting an expedite request. It is important to understand what congressional office can and cannot assist with. Also, it is important for foreign nationals to understand that each congressional office may have their own procedure to follow It is important to understand what congressional office can and cannot assist with.
Requesting congressional assistance does not guarantee that a request to expedite will be granted. Congressional assistance can be a helpful tool for requests to expedite, cases that are outside of normal processing times, especially if USCIS has misplaced a file. Congressional assistance may also resolve issues related to delayed receipt notices, production of permanent resident cards or employment authorization cards, and communications between USCIS, USCIS Asylum Offices regarding clock issues, and the USCIS Humanitarian Units. Congressional staffers are often able to assist when a case is wrongfully denied due to clear USCIS error and not based on a discretionary determination.
If determined that congressional assistance might benefit your case, for example, submitting a request to expedite to USCIS, it is important to follow the appropriate procedures. Unless there is an emergency, it is important to first try to contact USCIS to resolve your issue. If USCIS does not respond or resolve the issue, proceed with seeking congressional assistance. Be sure to first determine who your congressional representatives are. Please note that requests for assistance must directly involves a constituent, otherwise, the request will likely not receive a response. If USCIS denies the request to expedite or does not respond, seeking congressional assistance would be the next best step.
After a request for assistance is submitted, please allow the office 3 to 5 business days or the period specified on the congressional office’s website to respond. Many offices, especially Senators’ offices, receive multiple inquiries a day. However, this does not preclude the constituent from reaching out to an office sooner, especially if the request involves an actual emergency. If a response is not received within 5 business days, e-mail the appropriate immigration caseworker or staff member. Include a copy of the privacy release and reference any documents previously submitted.
USCIS Processing of Expedite Requests
USCIS notes that it receives a significant volume of such requests. USCIS generally sends a response to expedite requests as to whether the request has been approved. The response typically comes via a boilerplate or generic e-mail, and the agency indicates they do not generally provide a reason for their determination. If USCIS responds, the response time may vary between 72 hours and two weeks. As such, do not expect USCIS to be transparent on their decision-making process or the timeline for how quickly they will review an expedite request. Furthermore, it is possible that USCIS will deny the expedite request only to approve the application or petition soon after.
As a reminder, the approval of an expedite request does not mean that a decision on the underlying benefit request has been reached. Instead, it is a decision for the case to be adjudicated more quickly and out of order for similar benefit request types. An approved request should be affirmatively noted, and then USCIS will adjudicate the case outside of the standard processing times for that benefit request. It is important to note that an expedite request only determines when the benefit request will be reviewed, not its outcome. USCIS may still, request additional information or evidence, have the case undergo necessary or required background checks, and undertake site visits as part of the adjudication process.
Common Situation: USCIS Expedite Requests and Emergency Travel
Requests for advance parole travel documents (Form I-131) are not eligible for premium processing, leaving USCIS’s expedite and emergency processes as the limited avenues for accelerating a parole application. Practitioners should be aware of the distinction between requesting “expedited” handling of Form I-131 and requesting an “emergency” parole document. While there are similarities in these processes, USCIS views expedites and emergencies as distinct requests. At a high level, “expedite” requests are requests made within 45 days of travel with the office that is processing an already filed Form I-131. An “emergency” request is a request for a travel document where travel is within 15 days and requires the applicant to submit a full Form I-131 to a local USCIS field office for action.
Requesting an emergency travel document
In cases where an emergency has arisen, an applicant may be able to request an emergency travel document/advance parole for travel in the next 15 days. An emergency parole document can be requested even if an expedited request was previously submitted but now the relevant travel is within 15 days.
Local USCIS field offices handle the issuance of emergency parole documents. To start the process, an applicant or practitioner should contact USCIS via the USCIS Contact Center or request an appointment through My Appointment.
If the circumstances meet at least one of the five grounds for expedited process, USCIS will typically schedule an appointment with a local USCIS field office. At that time, the applicant will need to present the following:
- A completed Form I-131, even if one has already been submitted, along with the required fee (a new fee is required even if the applicant previously submitted a Form I-131 with USCIS for regular processing)
- Evidence to support eligibility for the advance parole
- Evidence of the critical need to travel, and
- 2 passport-style photos.
If the local office grants an emergency parole document, it is typically valid for a limited duration (e.g., 30 days is typical) and it likely will be for one reentry only instead of a multiple reentry document. Any previously submitted Form I-131 that remain pending with USCIS will continue to be processed.