USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals, and Other Responses Through July 25, 2022
Due to the continuing COVID-19 emergency, USCIS is extending its deadline extension policy through July 25, 2022. 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 July 25, 2022. 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 July 25, 2022. USCIS has announced that this is likely to be the last extension of the agency response accommodation.
In its ongoing response to the COVID-19 pandemic, USCIS is further extending its deadline extension policy for responses to various agency actions to July 25, 2022. 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 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 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.
Applicants and petitioners who receive(d) an RFE, NOID, NOIR, NOIT, or N-14 dated between March 1, 2020 and July 25, 2022 (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 November 1, 2021 and July 25, 2022 (inclusive), USCIS will grant 90 calendar 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.
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. However, because USCIS has announced that the accommodation is likely to end on July 25, employers should plan accordingly for agency decisions received after July 25.
As a reminder, this accommodation does not affect applications for extensions of stay or employment authorization. These applications must continue to be timely filed.