USCIS Ends COVID Related Flexibilities for Responses to Agency Requests

United States Citizenship and Immigration Services (“USCIS”) announced that effective March 23, 2023, the service’s deadline extension policy initially instated in March 2020 will be terminated. As of March 23, 2023, petitioners and applicants no longer have an additional sixty days to respond to agency requests. Instead, responses must be addressed by the deadline specified in the USCIS notice.

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USCIS Further Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is continuing to extend the flexibilities it originally announced almost three years ago, on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended through March 23, 2023, to assist applicants, petitioners, and requestors who are responding to:

  1. Requests for Evidence;

  2. Continuations to Request Evidence (N-14);

  3. Notices of Intent to Deny;

  4. Notices of Intent to Revoke;

  5. Notices of Intent to Rescind;

  6. Notices of Intent to Terminate regional centers; and

  7. Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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USCIS Once Again Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is continuing to extend the flexibilities it originally announced over two and a half years ago, on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended through January 24, 2023, to assist applicants, petitioners, and requestors who are responding to:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers; and

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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USCIS Extends Flexibility for Responding to Agency Requests and Will Permanently Accept Scanned Signatures

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is yet again extending the flexibilities it originally announced over two years ago, on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended through October 23, 2022, to assist applicants, petitioners, and requestors who are responding to:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers;

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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USCIS Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is once again extending the flexibilities it originally announced two years ago, on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended through July 25, 2022, to assist applicants, petitioners, and requestors who are responding to:

• Requests for Evidence;

• Continuations to Request Evidence (N-14);

• Notices of Intent to Deny;

• Notices of Intent to Revoke;

• Notices of Intent to Rescind;

• Notices of Intent to Terminate regional centers; and

• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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USCIS Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is once again extending the flexibilities it originally announced on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended to March 26, 2022, to assist applicants, petitioners, and requestors who are responding to:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers;

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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USCIS Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (USCIS) is yet again extending the flexibilities it originally announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers;

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;

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USCIS Announces Flexibility for Requests for Evidence and Notices of Intent to Deny (UPDATED MARCH 31, 2020)

UPDATE MAY 4, 2020: USCIS has announced additional flexibility for agency requests.

In response to the coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (USCIS) announced that the agency is adopting a measure to assist applicants and petitioners responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. Applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020 and submit any responses within sixty calendar days after the response deadline specified in the RFE or NOID will have the response considered by USCIS before any action is taken. The agency notes they are adopting several measures to protect their workforce and community at this time as well as to minimize the immigration consequences for those seeking immigration benefits during this time. USCIS will provide further updates as the situation develops.

UPDATE MARCH 31, 2020: USCIS has clarified that the outlined flexibility regarding submitting RFEs and NOIDs also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion. Specifically, the flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice, or decision is between March 1, 2020 and May 1, 2020, inclusive.

USCIS specifies that any response to an RFE, NOID, NOIR, or NOIT received within sixty calendar days after the response due date set in the request or notice “will be considered by USCIS before any action is taken.” Additionally, any Form I-290B received up to sixty calendar days from the date of the decision will also be considered by USCIS before the agency takes any action. We will post any additional updates from USCIS as we receive them.

Bloomberg Law: “Businesses Challenging Visa Denials Seeing Early Successes”

Around mid-2017, many immigration attorneys noticed a shift in treatment of H-1B visa petitions, the only visa type specifically named in President Trump’s “Buy American and Hire American” executive order. Requests for Evidence (RFEs) and denials by US Citizenship & Immigration Services (USCIS) dramatically increased by the end of fiscal year 2017, according to an analysis of USCIS data. Last year, some immigration attorneys adopted a new strategy: suing the government over visa petition decisions and RFEs. Now, it looks like those efforts may be paying off for some employers. According to immigration attorney H. Ronald Klasko, the majority of complaints he filed in the last year to a year and a half have resulted in decisions in favor of the employer. Klasko argues that litigation is now a necessary part of the practice of immigration law, especially in regard to H-1Bs. 

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5 Quick Things to Know About NOIDs!

What’s a NOID? No, we’re not talking about the 1980s Domino’s pizza character that was created to advertise the Domino’s promise to deliver in thirty minutes or less. A Notice of Intent to Deny, commonly referred to as a NOID, is issued by US Citizenship and Immigration Services (USCIS) after a preliminary decision to deny the applicant’s case (e.g., visa petition, work permit, adjustment of status, etc.) due to a perceived ineligibility.

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