USCIS Updates Premium Processing Criteria: Key Points From the 2024 Policy Manual Guidance

U.S. Citizenship and Immigration Services (USCIS) recently updated its guidance on Premium Processing, setting clearer standards. The update mainly covers two areas: premium processing requests involving government interest, and emergency travel applications arising from planned or unplanned events. In addition, the new guidance provides detailed instructions on how to submit and process premium processing requests.

Key changes include:

• For premium processing requests involving government interest, USCIS generally gives weight to the views of the relevant government agencies.

• If an applicant needs to travel urgently due to an unforeseen or scheduled event, USCIS will consider expediting the I-131 travel document application.

• The new guidance also clarifies the submission methods and processing procedures for premium processing requests.

In its latest policy manual, USCIS lists the situations that may qualify for expedited processing and explains each criterion in detail:

• Severe financial loss: The applicant must provide supporting documents. A company may need to show a risk of bankruptcy or potential layoffs. Merely saying "I need a work permit" is generally not enough to obtain expedited processing unless there are other special circumstances.

• Humanitarian and emergency situations: Such as urgent situations involving illness, disability, or death of a family member or close friend. Applications related to natural disasters or conflicts may also qualify for expedited processing. However, merely filing a humanitarian application (such as asylum, refugee, or humanitarian parole) is usually not sufficient; other urgent factors are required.

• USCIS will also consider expediting I-131 travel document applications. Unforeseen circumstances such as urgent medical needs or serious illness or death of relatives or friends may qualify for expedited processing. In addition, if an applicant files in a timely manner but USCIS's normal processing time cannot meet the scheduled travel date, planned travel may also qualify for expedited processing.

• Nonprofit organizations: They must explain why a specific beneficiary is urgently needed to advance the organization's cultural or social goals. USCIS will not expedite solely because of the organization's nature; it requires an explanation of why that particular applicant is specifically needed, rather than a general claim of being short-staffed.

• Government interest: Federal, state, or local government agencies may request expedited processing if urgent public interest, safety, or national interest is involved. The request must be submitted by an authorized official and demonstrate the urgency. If a federal agency presents a clear government interest claim, USCIS generally gives it weight.

• Clear USCIS error: Expedited processing may be requested to urgently correct a USCIS mistake. For example, if an applicant receives an Employment Authorization Document (EAD) with incorrect information that affects their work eligibility and the error was made by USCIS, the applicant may request expedited issuance of a corrected EAD.

Overall, the criteria and procedures for premium processing vary depending on the specific circumstances. USCIS reviews each premium processing request on a case-by-case basis and retains discretion. Although USCIS may not always explain its decisions in detail, this policy update improves the transparency of the review standards and procedures, helping to ensure consistency in premium processing.