VSC on its Expedite Policy
Posted Jul 25, 2003
Many visitors to the MurthyForum and MurthyDotCom ask whether anything can be done to speed up the processing of their cases. Usually, expedited processing is only available in limited circumstances. Generally, expedites are not available on those cases for which the Premium Processing Program (PPP) is available, unless involving a nonprofit employer.
The Vermont Service Center (VSC) issued its guidance regarding expedite requests on July 8, 2003. This information was published in the MurthyBulletin at the time. See, our October 27, 1999 article, Criteria for Expediting Cases with INS, archived on MurthyDotCom, as an example. This information is the most recent policy of VSC on expedited processing.
Before VSC will consider a request for expeditious handling, there must be extreme extenuating circumstances creating a hardship to the petitioner or applicant. As mentioned, if PPP is available, VSC takes the position that a conversion to Premium Processing should be made instead.
The following limited criterion has been established by VSC. These criteria are similar to those of the other Regional Service Centers:
- humanitarian situation, such as a U.S. citizen or Lawful Permanent Resident who petitions for a relative who is requiring medical treatment;
- extreme emergent or unforeseen circumstances, such as a nonimmigrant petition for a musician who is suddenly stricken ill and needs to be replaced;
- severe financial loss to a company or individual, if the loss will be to a U.S. entity and no other remedy exists;
- a Service error that has delayed processing or the receipt of a lawful benefit;
- Department of Defense or National Interest situation, which must originate from an official U.S. governmental entity;
- nonprofit status of the requesting organization, where cultural and social interests of the United States would be furthered; and
- compelling interest of the Service.
If an applicant, beneficiary, or petitioner meets one of the above criteria, s/he should consult an immigration attorney to determine whether an expedite request would be appropriate. Then submit the request with the underlying documentation to the VSC and, if they accept the case for expedited processing, the case will be assigned to an immigration officer for handling instead of waiting for the normal processing timeframes. Since expedites are in the discretion of the particular Service Center, they are used sparingly, so it is best not to expect the expedited request to be approved when anticipating a decision on a case.
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