If you have an urgent need for U.S. Citizenship and Immigration Services (USCIS) to make a decision on your work permit application, you can ask for expedited processing. USCIS may consider a work permit expedite request if it relates to an urgent situation such as a severe financial hardship if the immigration sponsor has lost their job and source of income.
USCIS has stated that “The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.”
The agency considers expedite requests on a case-by-case basis. Unfortunately, Immigration caseloads are notoriously backlogged, and decisions often take years. When considering a request to expedite a work permit, USCIS considers severe financial loss as a criterion:
• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
1. File the benefit request or the expedite request in a reasonable time frame, or
2. Respond to any requests for additional evidence in a reasonably timely manner.
Requesting Expedited Processing for a work permit is not typically granted and has very stringent requirements. An experienced immigration attorney who understands the documentation requirements can increase your chance for success.
If you have a financial emergency and need a faster decision on your immigration work permit, you can file an I-765 Permission to Work expedite request. An expedited work permit request for severe financial loss must have documented proof that shows the loss and that the requestor cannot withstand the temporary financial loss due to normal USCIS processing times.
1. Ask the USCIS handling your work permit application for an expedited processing request receipt notice.
• Include the file number, the sponsor’s name and the immigration applicant’s name, date of birth and any other identifying information.
2. The reviewing office will request additional documentation and proof to support expedited processing.
• Provide written proof of your financial emergency such as
• Spouse has been laid off from work due to a recession or COVID
• Spouse has been severely injured or is severely ill
3. A decision to accept an expedite request is not approval or a denial of the work permit: it is only a decision to move the application to an earlier date than available through normal processing times.
A work permit expedite request is rarely granted by USCIS, and an application can lead to future immigration problems and denials. An experienced immigration attorney who understands the U.S. immigration law can increase your chance for success and advise you on the best chance for success in your case.
With experience in many immigration cases, Mario Godoy and the other experienced immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Contact us online today.