USCIS Clarifies & Expands Flexibility for RFE, NOID, NOIR, NOIT Responses

EXTENDED THROUGH MARCH 31, 2021: Flexibility for Responses to USCIS Requests & Notices

We previously reported on increased flexibility for responding to USCIS requests and notices, including RFEs, NOIDs, NOIRs, NOITs, and requirements for Form I-290B. USCIS announced that flexibility has now been extended through the end of March 2021.

USCIS previously announced a 60 day deadline expansion for Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDS). This flexibility has been expanded to Notices of Intent to Revoke (NOIRs) and Notices of Intent to Terminate (NOITs) for regional investment centers, as well as filing date requirements for Form I-290B, Notice of Appeal or Motion.

The 60-day expansion applies to an RFE, NOID, NOIR, NOIT, or any appealable decision within the Administrative Appeals Office’s (AAO) jurisdiction if the issuance date on the request, notice, or action is between March 1, 2020 and July 1, 2020. This has since been extended to March 31, 2021.

USCIS confirmed that it would consider any responses received within 60 calendar days after the response due date listed in the request or notice. The 60-day period also applies for any Form I-290B, which is calculated as 60 days from the date of the decision that is being appealed.

Form I-290B is used for the following:

  • An appeal with the Administrative Appeals Office (AAO);
  • A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or
  • Certain appeals of the denial of an Immigration and Customs Enforcement (ICE) Form I-17, “Petition for Approval of School for Attendance by Nonimmigrant Student” with the ICE Student and Exchange Visitor Program.

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