USCIS Extends COVID-19 Accommodations on RFEs, NOIDs, Appeals, and Other Responses Through January 24, 2023
Due to the continuing COVID-19 emergency, USCIS is extending its deadline extension policy through January 24, 2023. Petitioners and applicants will continue to 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 January 24, 2023, inclusive. Employers and foreign nationals will also continue to have 90 days to file a Form I-290B appeal or motion or Form N-336 hearing request to reopen a USCIS decision that was issued between November 1, 2021 and January 24, 2023, inclusive.
The issue
In its ongoing response to the COVID-19 pandemic, USCIS is further extending its deadline extension policy for responses to various agency actions through January 24, 2023. The accommodations, which were initially announced in March 2020 as a means of minimizing negative consequences of the COVID-19 pandemic, have been extended several times. They had most recently been scheduled to expire after October 23, 2022.
Agency response deadline accommodation extended through January 24, 2023
The USCIS response deadline 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 or Rescind (NOIR),
- Notices of Intent to Terminate EB-5 Regional Investment Centers (NOIT),
- Continuations to Request Evidence (N-14);
- Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
- Form I-290B Notice of Appeal or Motion; and
- Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.
Applicants and petitioners who receive(d) an RFE, NOID, NOIR, NOIT, or N-14 dated between March 1, 2020 and January 24, 2023 (inclusive), will receive an additional 60 calendar days beyond the original response deadline in order to file a response with USCIS.
For USCIS decisions dated between November 1, 2021 and January 24, 2023 (inclusive), USCIS will grant 90 calendar days from the date of the decision (as opposed to 30 days in most cases under standard 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 agency response deadlines should continue to temporarily mitigate the pressure on employers and foreign nationals to respond to inquiries or file appeals with USCIS while U.S. businesses continue to be disrupted, U.S. workforces continue to work remotely, and stakeholders continue to experience increasing delays and non-receipt of correspondence from USCIS Service Centers. As a reminder, this accommodation does not affect applications for extensions of stay or employment authorization. These applications must continue to be timely filed.
As a reminder, on July 25, 2022, USCIS adopted its COVID-era signature accommodation on “reproduced original signatures” as permanent agency policy.