Coronavirus Update: USCIS Extends Flexibility for Requests for Evidence and Notices of Intent to Deny

USCIS has extended the flexibility for applicants and petitioners who are responding to requests for evidence (RFE), or notices of intent to deny (NOID), or notice of intent to revoke for regional center. This applies to notices dated between March 1 to July 1. The original announcement was only until May 1.

Any applicants who have received an RFE or NOID between these days have an extra 60 calendar days after the deadline set forth in the notice to respond. USCIS will consider any response submitted within the extra 60 days. USCIS is taking this measure to protect the workforce and community and minimize immigration consequences to those seeks immigration benefits during this time.

RFE’s are issued by USCIS when they believe that the initial application did not include sufficient information to receive an approval. This is an opportunity for the applicant or petitioner to provide additional information and address USCIS’ concerns. RFE’s always have a set deadline for the response submission. Before this, any responses are provided after the deadline will not be reviewed and the application will receive a denial. NOID’s are usually issued as a secondary followup after RFE’s if USCIS has additional questions about the application or the RFE documents. NOID’s can also be issued directly without an RFE first if USCIS has decided the application is missing significant information or cannot be approved. NOID’s also have a set deadline for the response.

For information on how the COVID-19 pandemic will impact your visa, please click here. If you are currently in the U.S. on ESTA, please read our blog post on Satisfactory departure during Coronavirus when you click here. For more information on applying for unemployment benefits while you are in the United States on an E-2 visa, please click here.

You can find key immigration information related to the Corona Virus below.

• Top 10 Covid-19 Immigration Questions
• Implications of Layoffs for employers who have employees on H-1B and/or E-3 Visas
• USCIS announces flexibility for request for evidence (RFE) and Notice of Intent to Deny (NOID)
• Information on Consular closures during Covid-19
• USCIS issues guidance on Remote 1-9 verification during Covid-19
• USCIS office closures due to Covid-19
• Can I apply for Unemployment Insurance Benefits while on a Visa?
• Canada/U.S. Border Closures
• USCIS announces temporary suspension of premium processing
• What can you do if your ESTA is running out? 
• Travel Ban for Europe
• Stimulus Bill (All 800 pages)
• Information on Small Business Loans related to the Stimulus package
• USCIS to accept scanned/reproduced signatures instead of “wet” signatures on immigration petitions and forms
• Implications of furlough or termination if you are on a TN visa
• Does the Stimulus Bill impact my immigration status? Is there a public charge concern?
• Understanding the Stimulus Package for Small Businesses and the Paycheck Protection Program
• Small Business Administration COVID-19 Loans
• USCIS to Reuse Previously Submitted Biometrics to Process Work Permit Applications
• USCIS Temporary Office Closure Extended Until at least May 3
• SBA Loans and Public Charge Rules – Paychecks Loan Program and Economic Injury Disaster Relief Loan Program
• I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. 
• I am in the U.S. on an E-2 visa, can I apply for loans under the Stimulus Bill?
• Does Covid-19 impact my obligations as an H-1B or E-3 Employer?
• I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus?
• I want to decrease the salary of my H-1B employee, what is the process? 
• I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak.
• I am on an E-2 visa but cannot go back to my Consulate to Renew, what can I do? 
• I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer?
• If I get laid off or furloughed am I still eligible to get a green card?