USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses
May 1, 2020
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At a Glance
- Due to the ongoing COVID-19 emergency, USCIS is extending its 60-day deadline extension policy to July 1, 2020.
- Petitioners and applicants will have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, and notices of intent to terminate EB-5 regional investment centers dated between March 1 and July 1, 2020.
- 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 and July 1.
The issue
In its ongoing response to the COVID-19 pandemic, USCIS has agreed to extend its 60-day deadline extension policy for responses to various agency actions to July 1, 2020. 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, and
- Form I-290B appeals/motions to reopen an adverse USCIS decision.
The accommodations, which were initially announced in March as a means of minimizing negative consequences of the COVID-19 pandemic, were originally set to expire today.
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 July 1, 2020 (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 July 1 (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 to reopen the case.
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 filed timely, 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.
