On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS) extended until July 25, 2022, for COVID-19 reasons, the response time for certain Requests for Evidence (RFEs) and other similar response-based notices and requests, and also filing date requirements for the Type I-290B form.

In this article, we provide the specifics of this Biden Administration decision.

Summary of the Decision

Due to the COVID-19 pandemic, U.S. Citizenship and Immigration Services (USCIS) is extending the response time for certain applications, notices, and agency decisions until July 25, 2022 to assist applicants, petitioners. We anticipate that this could be the last extension of these flexibilities. USCIS will consider a response given within 60 calendar days after the due date indicated in the following requests or notices before taking any action, if the issue date listed on the request or notice is between March 1, 2020 and July 25, 2022.

What are the basic points of the decision?

The administration’s decision to extend the response time for certain requests, notices, and agency decisions revolves around 4 basic points. These points are:

  1. USCIS is again extending the time to respond to certain requests, notices, and decisions due to COVID-19 until July 25, 2022.
  2. USCIS first announced COVID-19 flexible measures on March 20, 2020 
  3. This applies to the response time allowed for certain applications, notices, and decisions issued from March 1, 2020 through January 15, 2022.
  4. USCIS will receive responses to eligible requests, notices, and decisions within 60 calendar days of the response deadline before taking any action.

What documents are affected by this decision? 

Flexible action applies to the following documents: 

  • Requests for Evidence ; 
  • Suite to Request Evidence (N-14); 
  • Notice of Intent to Deny ; 
  • Notice of Intent to Revoke ; 
  • Notice of Intent to Cancel ; 
  • Notice to terminate regional centers ; 
  • Motions to reopen an N-400 in accordance with 8 CFR 335.5, Receipt of waiver information after grant. 

In addition, USCIS will review a Form N-336, Request for Hearing on a Decision in a Naturalization Proceeding, or a Form I-290B, Notice of Appeal or Petition, provided that a decision was made between March 1, 2020, and January 15. 2022, and the form was filed within 60 days of the date the agency issued its decision.

What do employers and applicants need to know? 

Before taking any action, USCIS will review responses to the above requests and notices received within 60 calendar days of the response deadline specified in the request or notice.

History of USCIS notices on this flexibility since March 2020.

USCIS is extending its flexibility to respond to agency requests on December 30, 2021

USCIS extends flexibility to meet agency requests September 24, 2021

USCIS extends flexibility to meet agency requests June 24, 2021

USCIS expands flexibility to meet agency demands March 24, 2021

USCIS expands flexibility to meet agency demands January 28, 2021

USCIS expands flexibility to meet agency demands September 11, 2020

USCIS expands flexibility to meet agency demands July 1, 2020

USCIS expands flexibility to meet agency demands May 1, 2020

USCIS expands flexibility to meet USCIS requests March 30, 2020

USCIS announces flexibility in requests for evidence and notices of intent to deny March 27, 2020.

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