Criteria for Expediting Cases with INS
Posted Oct 27, 1999

Most of the Service Centers of the INS have, from time to time, enunciated their criteria to accept certain cases for expedited treatment. From time to time, our U.S. employer clients and individuals request us to prod the INS to approve cases on an expedited basis because of certain pressing needs. Since the amount of time and resources spent on determining and adjudicating cases for expedited decisions are higher than allowing the case to be processed in the standard time frame as detailed from time to time by the INS and posted by the Law Office of Sheela Murthy, such requests are strongly discouraged by the INS and should be used sparingly by the U.S. employer or the affected foreign national.

Recently, the Vermont Service Center of INS has indicated the criteria it uses in expediting cases. The criteria vary slightly from one INS Service Center to another, but are basically similar in all INS Service Centers.

The VSC will consider expediting a case in the following situations :

a) an urgent humanitarian situation, for example when the beneficiary of a relative petition is a minor child lacking adequate supervision;

b) a sudden emergency which is not the petitioner's fault, for example when a member of a musical group falls ill and an immediate visa is needed for a replacement;

c) when severe harm or loss would result from not deciding a petition within a particular time, and there is no other remedy possible (most companies could argue this point but the threshold appears to be higher to satisfy in this situation);

d) when an error by INS has caused a delay; or

e) other factors, for example a child being about to turn 21 years of age (age out cases).

One expedite issue on which Service Centers appear to vary is the 6 year limit on H-1Bs. In a liaison meeting with AILA, the Nebraska Service Center has said recently that a beneficiary reaching the 6-year limit on stay is not a basis for expediting an I-140 Immigrant Visa Petition. In contrast, at VSC such a situation has a chance of being considered, on a case-by-case basis, under the "other factors" category, above. Approval of an expedite may not be guaranteed in this situation, but at least it will be considered, especially if the employer can also show the likelihood of severe harm or financial loss if the case is not expedited (see factor c above).

If you feel that your case may fit the expedite criteria, you may wish to discuss the issue with your immigration attorney. If you do not have an attorney, you are welcome to contact The Law Office of Sheela Murthy, P.C.