USCIS Will Expedite EADs for Healthcare Workers

If you are a healthcare worker who has a pending Employment Authorization Document (EAD) renewal application (Form I-765, Application for Employment Authorization) and your EAD expires in 30 days or less or has already expired, you can request expedited processing of your EAD application.

According to the DHS advisory memo, healthcare workers here not only refer to staffs working in the hospital environment but also include home health providers (e.g., nursing, respiratory therapists, health aides) who need to go into the homes of individuals with chronic, complex conditions and/or disabilities to deliver nursing and/or daily living care and home care workers (e.g., home health care, at-home hospice, home dialysis, home infusion, etc.).  

The applicant should provide evidence of his/her profession or current employment as a healthcare worker. If the evidence the applicant provides is not sufficient, USCIS may not accommodate the request for expedited processing of Form I-765. Expedited processing means only that USCIS will process the application faster.  It does not guarantee approval. 

To request expedited processing, the applicant can call the USCIS Contact Center at 800-375-5283 or make the request through their attorneys.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

New Policy for RFE, Expedited Processing; Adjustment EADs Extended to 2 Years

Recently, the USCIS has announced some important policy updates in the agency's Policy Manual.  The following three are the more important updates: 

EAD Validity Extended to 2 Years

Applicants for adjustment of status usually need to wait for a long period of time before their I-485 is adjudicated and approved.  In the interim, they are eligible to apply for EADs to work and to apply for driver's licenses.  For many years, USCIS only issued EAD cards valid for one year only because the I-485 was expected to be approved within one year.  However, due to the lengthy processing times of the I-485 applications, USCIS has increased the current one-year validity period to two years for adjustment of status applicants. Note, replacement EADs are not covered by this new policy; they only get the validity period of the original EAD.  

Expedited Processing of Applications

1) The meaning of an emergency situation for the purpose of requesting for expedited processing of applications has been expanded by USCIS. As an example given by USCIS, an urgent need to travel to obtain medical treatment is now considered an emergency. This policy change is extremely important for applicants of I-131 travel documents such as advance paroles, refugees travel documents and reentery permits.  The current processing times for these applications range from a few months to more than a year.  Premim processing service is also not available.  Many applicants do have urgent need to travel and expedited processing is the only way that they can use to request for faster processing of their applications. 

2) USCIS also restores the ability for nonprofit organizations to request discretionary expedited service, as long as those requests are in furtherance of the cultural and social interests of the United States.  This service is available even though premim processing service is available for the subject application. 

3) USCIS also allows expedited processing of applications for noncitizens in removal proceedings. Oftentimes, applicants who face removal proceedings depend on a benefit application in order to defend themselves against deportation.  Expediting their applications can be literally a life saver for many of them. 

2013 Guidance on RFEs Restored

1) USCIS restores its 2013 policy guidance regarding issuance of RFEs and NOIDs.  Under that policy, USCIS officers generally must issue RFEs in cases involving insufficient evidence before issuing a denial. The only exception is if the officer determined that there was "no possibility" that additional evidence could overcome the reasons for denial.  By doing so, USCIS has reversed a 2018 policy that has allowed officers to deny an application if an applicant fails to submit the required initial evidence without first sending an RFE or NOID. 

2) Additionally, it also emphasizes that officers should not issue unnecessary RFEs and NOIDs.  If evidence  submitted by applicant is sufficient to establish eligibility, officers should not issue RFEs and NOIDs. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

USCIS Reminds Individuals Affected by Hurricane Sandy of Temporary Immigration Relief Measures

U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Sandy of certain U.S. immigration benefits or relief that may be available to them.

USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits. Eligible individuals may request or apply for temporary relief measures, including:

• A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
• Extension or re-parole of individuals previously granted parole by USCIS;
• Expedited adjudication of off-campus employment authorization applications for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications; and
• Assistance to Legal Permanent Residents (LPR) stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.

Where appropriate, USCIS may exercise its discretion to allow for delays in filing resulting from the hurricane. This may include, for example: 

• Assistance to those who have not appeared for an interview or submitted required forms of evidence. You may show how the disrupting event affected your connection to USCIS and your ability to appear or submit documents as required; and
• Assistance to those who have not been able to respond to Requests For Evidence (RFEs) or Notices of Intent to Deny (NOID). USCIS will extend the deadline for individuals to respond to RFEs or NOIDs by 30 days. This will apply to all RFEs and NOIDs with a deadline of October 26 through November 26, 2012. During this time, USCIS will not issue denials based on abandonment of an application or petition.

Visitors traveling under the Visa Waiver Program may visit a local USCIS office for assistance. Please check whether your local USCIS office is open before going. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

Please check back at www.uscis.gov for any additional information that may follow.

 (Source: USCIS.gov)

Last updated:11/02/2012

How to expedite immigration applications?

Most immigrants wonder how long it would take for the U.S. Citizenship and Immigration Services (USCIS) to process an application once it is properly filed with the government. Although applicants have many reasons to want to speed up the application process, the government follows a set of defined criteria when considering a request to expedite an immigration application or petition.

In a memo dated November 30, 2001 issued by USCIS official Fujle O. Ohata to Service Center Directors entitled "Service Center Guidance for Expedite Requests on Petitions and Applications," the following criteria are listed:

(1) Severe financial loss to company or individual;
(2) Extreme emergent situation;
(3) Humanitarian situation;
(4) Nonprofit status of requesting organization in furtherance of the cultural and societal interests of the United States;
(5) Department of Defense or National Interest Situation (request must come from official U.S. Government entity)
(6) Service error;
(7) Compelling interest of Service

The same criteria is listed at the USCIS website and in other official sources.