USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses Through January 1, 2021

The issue

In its ongoing response to the COVID-19 pandemic, USCIS is further extending its 60-day deadline extension policy for responses to various agency actions to January 1, 2021. The accommodation will continue to be available to stakeholders responding to or filing the following: 

• Requests for Evidence (RFE),
• Notices of Intent to Deny (NOID),
• Notices of Intent to Revoke (NOIR),
• Notices of Intent to Terminate EB-5 Regional Investment Centers (NOIT), as well as Notices of Intent to Rescind,
• Form I-290B appeal/motion filing requirements to reopen an adverse USCIS decision, and
• Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings filing date requirements.

The accommodations, which were initially announced in March as a means of minimizing negative consequences of the COVID-19 pandemic, were originally set to end on September 11.

Details about the extension

Applicants and petitioners who receive(d) an RFE, NOID, NOIR, NOIT, or Notice of Intent to Rescind dated between March 1 and January 1, 2021 (inclusive), will receive an additional 60 calendar days beyond the original response deadline in order to file a response with USCIS.

For adverse USCIS decisions dated between March 1 and January 1, 2021 (inclusive), USCIS will grant 60 days from the date of the decision (as opposed to 30 days in most cases under current rules) to file a Form I-290B appeal or motion or a Form N-336 hearing request.

What this means for employers and foreign nationals

The extended deadlines are expected to alleviate the pressure on employers and foreign nationals to respond to inquiries or file appeals with USCIS while U.S. businesses remain temporarily closed and workforces continue to work remotely.

As a reminder, this accommodation does not affect applications for extensions of stay or employment authorization. These applications must continue to be timely filed, unless and until the agency provides interim relief.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.