Expedited Processing Federal Documents

Generally, a requester may seek expedited processing if the request demonstrates one of the following reasons for urgency:

(1) Severe legalization of federal documents reasons: a medical emergency (including grave illness or injury, extreme living conditions, death in the family, or a pressing or critical need to travel outside the United States to obtain medical treatment in a limited amount of time);

(2) Nonprofit organization: the nonprofit must demonstrate a unique and compelling interest in furthering cultural or social interests of the United States.

(3) Government interests: a case identified by the agency as having the potential to impact public safety, national security or foreign affairs.

Apostille Services for FBI Background Checks

USCIS has published updated guidance clarifying the criteria for requesting expedited processing. These new criteria are based on the agency’s assessment of the importance of the case and its need to take swift action.

As the agency considers the requester’s claim, it must weigh the potential benefit against the costs of expedited processing, and also assess any other factors that might support or undermine the case’s urgency.

It is well-established that agencies must process requests on a first-in, first-out basis by the office in which they are received. The agency must then promptly make a determination as to whether or not to grant the request for expedited processing and convey that decision to the requester in the ten days required by the FOIA. This is a difficult requirement for most agencies to meet, and the data from the annual FOIA reports suggest that the Cabinet-level departments have a tougher time meeting this statutory obligation than do their non-Cabinet counterparts.