TN to Green Card EAD / AP Expedite Requests

USCIS processing of immigration applications can take time. While some applications may be eligible for premium processing (I-907 application), which allow an employer or individual to pay an additional fee in order to receive a faster review of an application, many filings such as I-131 applications for Advance Parole travel authorization or I-765 applications for an Employment Authorization Document (EAD) may not be eligible for premium processing.

Long adjudication delays can be particularly problematic for TN visa workers who are processing for their green card through the Adjustment of Status (AOS) procedure (I-485 application). TN visa workers who file an I-485 application for AOS face two potential problems when it comes to processing delays:

  1. They cannot travel outside of the U.S. once they have filed their AOS applications until they obtain either their Advanced Parole travel authorization (approval of the I-131 application) or approval of their AOS application (receipt of their actual green card).

  2. Because they generally cannot obtain a new TN or extend their TN visa status, they could face a gap in work authorization when their existing TN status expires until they obtain either their Employment Authorization Document (approval of the I-765 application) or approval of their AOS application (receipt of their actual green card).

In the event a TN visa worker with a pending AOS application has an urgent travel or employment need, USCIS does offer another option to potentially speed up the adjudication process of an Advance Parole or EAD application: expedited processing. Unlike premium processing where all that is needed is an additional filing fee, expedited processing requests are discretionary and require proving that the applicant’s circumstances meet one of USCIS’ expedite processing criteria.

USCIS Expedite Criteria:

  • There are 5 circumstances where USCIS may expedite the processing of an Advance Parole or EAD application:

    • Severe financial loss scenarios, e.g. if the TN visa worker’s employer is at risk of losing a contract if the worker has a gap in employment authorization.

    • In emergencies or urgent humanitarian situations, e.g. if travel is needed due to illness, disability, or death of a family member or close friend.

    • Where a nonprofit organization is involved, e.g. where a medical professional is urgently needed for medical research related to a specific “social” U.S. interest.

    • Where there is an urgent government interest, e.g. where the need for the applicant to be authorized to work is critical to the mission of the requesting government agency or department.

    • Instances where USCIS has made some kind of error, e.g. an applicant receives an Employment Authorization Document with incorrect information that prevents them from being able to work.

  • See USCIS Policy Manual, Volume 1, Chapter 5

How To Make The Expedite Request:

  • There are generally 3 options to make the expedite request:

  • Calling the USCIS Contact Center or using the USCIS online web chat tend to be the more cumbersome options as these generally involve (a) making the initial inquiry; (b) waiting for USCIS to send a request back for more information or evidence in support of the request - often by mail; and (3) the applicant’s actual submission of the supporting evidence to the applicable USCIS office - often by fax.

  • Using the USCIS online account may be more efficient as USCIS can receive the initial expedite request, ask for any supporting evidence, and receive the supporting documentation all within the agency’s online system.

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