Tips and Samples for Requesting Expediting Processing of Employment Authorization Applications

For years, Applicants have been experiencing unpredictable and unreasonably long wait times for their employment authorization card.  This can cause major issues for the Applicant, including gaps in employment and loss of new job opportunities. For this reason, many Applicants consider asking for an expedited processing employment authorization. 

It’s free to file an expedite request, but USCIS holds these requests to a high standard and can require corroborating evidence to support the need for expedite processing.  Specifically, USCIS uses the following criteria when considering expedite requests:

• 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;

• Urgent humanitarian reasons;

• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or

• Clear USCIS error.

Obviously one of the most common reasons for applying for an expedite request of an employment authorization application is severe financial loss to a person or company. 

Notably, USCIS states that if the expedite request relates to an application for employment authorization, the need to obtain employment authorization alone, without any evidence of other compelling factors, does not warrant expedited treatment. 

Additionally, USCIS states that all expedite requests claiming severe financial loss, regardless of the immigration benefit sought and regardless of whether the claimed loss is to a company or a person, must be documented to establish the loss and that the requestor is not able to withstand the temporary financial loss that is the natural result of normal processing times.

We are providing some sample letters for expedite requests below:

• Sample Letter for Expedite Request Based on Severe Financial Loss to an Individual 

• Sample Letter for Expedite Request Based on Severe Financial Loss to a Company

Note that both sample letters cite specific numbers to demonstrate financial loss, and refer to enclosed corroborating documentation whenever possible.