USCIS Expedite Process for H-1B Filings

Given the suspension of premium processing for many H-1B filings, employers who have an urgent need that demands prompt adjudication of their H-1B petitions can request an expedite. USCIS, however, will only expedite a petition if it meets one or more of the following expedite criteria:

• Severe financial loss to company or person;
• Emergency situation;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or national interest situation (these particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government);
• USCIS error; or
• Compelling interest of USCIS.

An expedite can be requested with the initial filing or after the petition has been filed. This is a workaround that employers should consider in the right circumstance.