USCIS Announces 60-Day Deadline Extension for Certain RFE and NOID Responses

/

Due to the COVID-19 National Emergency, U.S. Citizenship and Immigration Services (“USCIS”) announced they will accept and consider responses to Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) that are submitted within 60 calendar days after the response deadline stated in the RFE and NOID notices. This additional 60-day flexibility is only applicable to applicants and petitioners who receive an RFE or NOID between March 01, 2020, and May 01, 2020. 

Despite this announcement, employers and individuals should continue to make every effort to file RFE and NOID responses as soon as possible unless it is physically impossible to obtain the necessary information/documentation to respond because of the COVID-19 crisis. Over the coming weeks and months, we expect USCIS processing times to increase, so it is important to submit RFE and NOID responses sooner rather than later whenever possible in an effort to obtain application decisions sooner rather than later.

Key tips: 

  • Continue to prepare and file RFE and NOID responses as promptly as possible, regardless of this flexible deadline extension;

  • Review underlying expiration dates to assess whether a delay in filing an RFE response will result in a lack of work authorization for a foreign worker; and 

  • View this RFE/NOID flexible deadline extension as a safety net to be used only in those cases where the COVID-19 situation and resulting work disruptions make it physically impossible to gather the information/documentation needed to respond to an RFE or NOID. 

Although this RFE/NOID deadline extension is a welcome accommodation from USCIS, it does not address situations where a client is unable to gather necessary information/documentation to respond to an RFE/NOID, but responding and getting a timely approval remains critical because of a status expiration issue. In these cases, an RFE/NOID deadline extension does not solve the problem. Ellis Porter will continue to urge USCIS to implement further relief provisions for these types of situations.

Questions?

If you have any additional questions about how the RFE and NOID deadline extension relief impacts you, please contact your Ellis Porter attorney and we will be happy to provide further clarification and assistance.