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Focus on Regulation

Expedited Review of Certain Immigration Cases

Companies that file immigration petitions on behalf of non-US employees will welcome the news that the U.S. Citizenship and Immigration Services has established an expedited case review process to allow for the review and subsequent correction of certain adverse decisions.  Specifically, USCIS will accept requests for expedited review of petitions or applications that were rejected or denied due to a data entry or administrative error on the part of USCIS.  This review can be requested following the occurrence of certain specified administrative errors, which are identified in the USCIS Instructional Memorandum dated March 23, 2012.

For example, requests may be submitted when a petition is rejected based of an alleged failure to respond to a Request for Evidence (RFE) and the petitioner has documentary evidence that a timely response was in fact received by USCIS, or where USCIS sent a notice (such as an RFE or a biometrics appointment notice) to an incorrect address and petitioner’s adverse decision was issued based on a failure to respond to the improperly addressed notice.  The Instructional Memorandum identifies four specific categories of administrative errors based upon which petitioners and applicants facing adverse decisions by USCIS can request expedited case review.   Such requests can be submitted to the National Customer Service Center (NCSC) by calling 1-800-375-5283.