Given the suspension of premium processing for many H-1B filings, employers who have an urgent need that demands prompt adjudication of their H-1B petitions can request an expedite. USCIS, however, will only expedite a petition if it meets one or more of the following expedite criteria:
- Severe financial loss to company or person;
- Emergency situation;
- Humanitarian reasons;
- Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
- Department of Defense or national interest situation (these particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government);
- USCIS error; or
- Compelling interest of USCIS.
An expedite can be requested with the initial filing or after the petition has been filed. This is a workaround that employers should consider in the right circumstance.
