USCIS announced that it would further extend a number of COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS is effectively granting a 60 day extension for responses to Requests for Evidence (RFE), Notices of Intent to Deny (NOID), and Notices of Intent to Revoke or Rescind (NOIR). The agency indicates it will consider a response received within 60 calendar days after the due date set forth in the RFE, NOID, or NOIR before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive.

In addition, USCIS will consider a Form I-290B (Notice of Appeal or Motion) timely filed if received up to 90 calendar days from the date of a USCIS decision issued between November 1, 2021, and March 23, 2023, inclusive.

How long will USCIS continue to extend these COVID flexibilities? USCIS has indicated that barring changes presented by the pandemic, this will be the final extension of these accommodations, and requesters must comply with the response requirements set forth in any request or notice dated after March 23, 2023.

This information is distributed for informational purposes only. For further questions, please contact a G&A attorney for assistance.