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Key Points

  • USCIS is extending the deadline for responding to agency requests due to COVID-19
  • The extensions apply to certain RFEs, NOIDs, a notice of intention to terminate EB-5 regional investment centers, and more
  • The extended flexible measures apply to documents dated between March 1, 2020, and July 25, 2022
  • USCIS has announced this may be the last extension granted due to COVID-19

Overview

Due to the ongoing COVID-19 pandemic, the United States Citizenship and Immigration Services (USCIS) announced that it would extend its deadline for responding to the following agency requests:

  • Requests for Evidence
  • Continuations to Request Evidence (N-14)
  • Notices of Intent to Deny
  • Notices of Intent to Revoke
  • Notices of Intent to Rescind
  • Notices of Intent to Terminate regional centers
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

USCIS will apply flexible measures to the documents above with an issuance date between March 1, 2020, and July 25, 2022. Applicable deadlines will be extended 60 calendar days past the original due date on the notice, response, or decision.

As with previous extensions, USCIS will give employers and foreign nationals 90 days to file a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, to reopen a USCIS decision issued between November 1, 2021, and July 25, 2022. The standard period for filing the I-290B is 30 days following the decision being appealed, and USCIS had previously extended the filing time to 60 days for decisions issued from March 1, 2020, to March 26, 2022.

Looking Ahead

USCIS has announced that this may be the final extension for flexible measures due to COVID-19. Updates will be provided on future flexible actions as available.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services

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