Jun 24 2021

USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses Through September 30, 2021

United States

At a glance

  • Due to the ongoing COVID-19 emergency, USCIS is extending its 60-day deadline extension policy through September 30, 2021.
  • Petitioners and applicants will have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, notices of intent to terminate EB-5 regional investment centers and certain other notices dated between March 1, 2020 and September 30, 2021.
  • Employers and foreign nationals will also have 60, rather than 30, days to file any appeal or motion to reopen a USCIS decision that was issued between March 1, 2020 and September 30, 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 September 30, 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 2020 as a means of minimizing negative consequences of the COVID-19 pandemic, were originally set to end in September 2020 and have been extended several times.

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, 2020 and September 30, 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, 2020 and September 30, 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 continue to alleviate the pressure on employers and foreign nationals to respond to inquiries or file appeals with USCIS while U.S. businesses remain temporarily disrupted and U.S. 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.

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