Last week, the American Immigration Lawyers Association (AILA) held its 2021 Annual Conference. The conference coincided with several key announcements from the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and other exciting updates on U.S. immigration policy.
On June 9, 2021, USCIS announced that it would extend the validity periods of Adjustment of Status based Employment Authorization Documents (EADs) from one year to two years. This update applies to initial Adjustment of Status based EADs as well as renewal Adjustment of Status based EADs. This policy change presents encouraging news in the face of increased processing time for Adjustment of Status applications and will reduce the number of EAD extensions required.
USCIS also announced updates to its Policy Manual to expand upon the criteria under which applicants for immigration benefits qualify for expedited processing. In the wake of extreme processing backlogs and delays, certain individuals who submit various immigration benefit requests to USCIS may also seek expedited processing of those requests, if the case meets USCIS criteria for expedited treatment. Under the new guidance, USCIS may expedite processing if delays in the case would result in 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 timely file or respond to a USCIC request for further evidence. To qualify, the applicant must demonstrate compelling factors beyond the need to obtain employment authorization. Evidence that a company risks failure, critical contract loss, or required employee layoffs, would serve to establish a severe financial loss. Additionally, USCIS will consider expedite requests from non-profit organizations whose request is in furtherance of the culture and social interests of the United States. USCIS may consider non-profit expedite requests even if premium processing was available for the initial benefit application.
