July 1 Extension for RFEs, NOIDs, Appeals & Other Responses
USCIS’s emergency extension for RFEs, NOIDs, appeals and other responses has been further extended in light of the ongoing challenges presented by the COVID-19 crisis.
USCIS has confirmed the 60-day deadline extension now applies until July 1, 2020.
Extended deadline
Employers and non-US nationals now have 60 days (rather than 30) to file an appeal or motion to appeal a USCIS decision issued between March 1 and July 1.
Petitioners have a further 60 days in which to respond to USCIS notices issued between March 1 and July 1, 2020, including:
- Requests for evidence (RFEs)
- Notices of intent to deny (NOIDs)
- Notices of intent to revoke (NOIRs)
- Notices of intent to terminate (NOITs) EB-5 regional investment centers
- Notices of Intent to Rescind
- Form I-290B appeals/motions to reopen an adverse USCIS decision
The measure means petitioners have an additional 60 days beyond the original response deadline to file either a response with USCIS, Form I-290B appeal or motion to reopen a case.
Note that extensions of stay and employment authorization applications must continue to be filed on time.
Practical implications for petitioners and employers
Given the current challenges of remote working and business disruption and closures, petitioners, employers and their advisers are facing difficulties in meeting USCIS deadlines.
This extension provides a much-needed allowance for parties to undertake the necessary actions to make a complete and effective response to USCIS.
Given high application refusal rates across visa categories, it remains critical that any response to USCIS is comprehensive and robust in evidencing eligibility.
US immigration advice
NNU Immigration is actively monitoring the impact of the pandemic on US immigration policy and application processing.
As the situation continues to develop, please contact our US immigration specialists for the latest advice for your specific circumstances.
This article does not constitute direct legal advice and is for informational purposes only.
Last updated: 26 May 2020
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
