Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

PSC RFE and NOID Response Must be Mailed to Texas Service Center or Submitted Online

11/7/2023

As of August 21, 2023, the USCIS Potomac Service Center (PSC) has begun to move to a new facility in Camp Springs, MD, and can no longer receive paper responses to correspondence such as Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), Intents to Deny (ITD), Requests for Evidence (RFE) or supporting documentation for filings currently pending at the PSC.
PSC will no longer accept mailed correspondence beginning on Nov. 13, 2023. All mailed correspondence intended for cases processed by the PSC must be mailed to the Texas Service Center (TSC), unless otherwise noted.
To avoid any processing delays, applicants and their representatives should instead upload their responses to their USCIS online account (for receipt notices that start with IOE-) or mail them to the Texas Service Center at:
USCIS Texas Service Center
Attn: Digital RFE
6046 N Belt Line Rd. STE 114
Irving, TX 75038
USCIS strongly encourages people to use the USCIS online account self-service tools to upload your responses for all online cases.

USCIS Updates Policy on Time Frames for Filings and Responses Ending on Saturdays, Sundays, or Federal Holidays

3/29/2023

USCIS Updates Policy on Time Frames for Paper-Based Filings and Responses Ending on Saturdays, Sundays, or Federal Holidays

USCIS is updating the USCIS Policy Manual to address situations when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday. In these situations, USCIS will consider a filing or response submitted on paper timely if we receive it by the end of the next business day. While the receipt date for these cases will continue to reflect the date USCIS physically received the request, USCIS will consider the benefit request timely filed.

In some cases, benefit requestors must file a benefit request or submit a response to a USCIS action within a certain time period prescribed by statute, regulation, or form instructions. Examples include filing a paper-based benefit request on the last day before a requestor’s or beneficiary’s birthday or the last day of a qualifying time period for filing, or responding to a Request for Evidence or a notice of intent to deny, rescind, revoke or terminate within the specified time frame for a response.

USCIS is pursuing several ways to increase flexibility related to filing deadlines, including this Policy Manual update. This update is effective immediately and will apply to all benefit requests or responses to a USCIS action that we receive on paper on or after March 29, 2023. This update does not affect electronic filings or responses submitted electronically, which we consider received immediately upon submission. We are not applying this policy retroactively.

Visit the Policy Manual for Comment page to comment on this update.

Briefly in Russian:

Если вы подали петицию или заявление в USCIS, или ваш ответ на RFE был получен в выходной или праздничный день, то дата получения будет продлена до следующего рабочегно дня, что имеет значение если ответ на RFE был получен в последний день deadline и этот день нерабочий. Дата received on останется тем днем когда заявление посланное по почте было реально получено в USCIS.

USCIS Ended Covid-19 Flexibilities on March 23, 2023

3/27/2023

In the beginning of the COVID-19 pandemic in March 2020, USCIS relaxed certain filing and other requirements.

The federal government intends to end the emergency declarations related to the COVID pandemic in May 2023. The U.S. Citizenship and Immigration Services announced yesterday the termination of the first of other COVID flexibilities to be terminated. The USCIS has ended its policy to allow extra time for applicants, petitioners, and requestors to respond to certain actions of the USCIS. Other flexibilities, such as allowing I-9 processing to occur virtually, may follow unless the USCIS allows a particular COVID policy to become permanent.

Effective 03/23/2023, the USCIS has discontinued the policy that provided an automatic 60-day extension to deadlines applicable to responses to certain requests or notices. The extension applied to the following requests or notices, provided that they were issued any time from March 1, 2020, through March 23, 2023:

Requests for Evidence
Continuations to Request Evidence (N-14)
Notices of Intent to Deny
Notices of Intent to Revoke
Notices of Intent to Rescind
Notices of Intent to Terminate regional centers
Notices of Intent to Withdraw Temporary Protected Status
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

In addition, filings of Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the Immigration and Naturalization Act) must comply with the deadlines in the form instructions regarding a decision dated after March 23, 2023.

The USCIS announcement allowed for the possibility that the agency may exercise discretion “to provide certain flexibilities on a case-by-case basis upon request, for applicants or petitioners affected by an emergency or unforeseen circumstance, such as natural catastrophes (hurricanes, wildfires, severe weather, etc.), national emergencies (public health emergencies), or severe illness (including COVID).”

Signature flexibility made permanent.

The signature flexibility policy put into place during the pandemic has been made permanent.

In March 2020, the USCIS adopted a policy that allowed documents to be “scanned, faxed, photocopied, or similarly reproduced provided that the copy must be of an original document containing an original handwritten signature, unless otherwise specified.”
Effective July 25, this policy will be permanent.

This policy still requires that the original signature page be retained so that it can be provided to the USCIS upon request. Failure to produce the original when requested “could negatively impact the adjudication of the immigration benefit.

COVID-19 Flexibilities Extended to March 23, 2023 USCIS

1/24/2023

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers;
Notices of Intent to Withdraw Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and March 23, 2023, inclusive.

USCIS anticipates 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.
As a reminder, the reproduced signature flexibility announced in March 2020 became a permanent policy on July 25, 2022.

Please visit uscis.gov/coronavirus for USCIS updates related to COVID-19.

For more information on situations such as natural disasters or other unforeseen circumstances (including COVID-related illness), where USCIS may provide accommodations, on a case-by-case basis upon request, please visit the Immigration Relief in Emergencies or Unforeseen Circumstances page.

To schedule a consultation with immigration attorney, please email us.

COVID-19 Flexibilities USCIS 60 Days Extension To January 24 2023

10/26/2022

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers;
Notices of Intent to Withdraw Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and Jan. 24, 2023, inclusive.

As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25, 2022.

Please visit uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS еще раз предоставляет отсрочку на 60 дней для ответа на запросы от USCIS и подачу некоторых аппеляций. Срок действия очередной отсрочки продлен до 24 января 2023.

Ответ на запрос от USCIS будут считаться полученным вовремя, если ответ получен не позднее 60 дней с момента истечения срока для ответа (например, срок для ответа 30 дней, значит у вас есть 90 дней).

USCIS 60 calendar days response time extension is valid until July 25, 2022

6/20/2022

USCIS Covid-19 60 calendar days response time extension is still valid until July 25, 2022. It is expected to be the last 60-day extension, which started in March of 2020.
Напоминание о том, что 60 дневное продление периода для ответа на запросы из USCIS все еще в силе до 25 июля 2022. Ожидается, что это последнее продление (с марта 2020 по 25 июля 2022).

USCIS Extends Flexibility for Responding to Agency Requests Release Date In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending certain flexibilities through July 25, 2022, to assist applicants, petitioners, and requestors. We anticipate this may be the final extension of these flexibilities. USCIS will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022, inclusive:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5,
Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and July 25, 2022, inclusive.

Under previously announced flexibilities, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS, and if the decision was issued between March 1, 2020, and Oct. 31, 2021, inclusive.

Go to uscis.gov/coronavirus for USCIS updates.

https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-1

USCIS Extended Time for Response to RFE, NOID Until July 25 2022

3/31/2022

On March 30, 2022, USCIS in response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending again certain flexibilities through July 25, 2022, to assist applicants, petitioners, and requestors. USCIS anticipates this may be the final extension of these flexibilities.

С 30 марта 2022 до 25 июля 2022 USCIS еще раз (последний раз) продлили срок для ответа на их запросы на 60 дней после даты для ответа указанной в их письме. Они напоминают, что это последнее продление. Эти продления осуществлялись с 1 марта 2020.

USCIS will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022, inclusive:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and July 25, 2022, inclusive.
Under previously announced flexibilities, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS, and if the decision was issued between March 1, 2020, and Oct. 31, 2021, inclusive.

Please visit uscis.gov/coronavirus for USCIS updates.

Please see at

https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-1

USCIS Extends Time for Responding to RFE, NOID, Appeals

1/14/2022

USCIS Extends Flexibility for Responding to Agency Requests
for additional 60 days after the due date, if the decision was made or request sent between Nov. 1, 2021, and March 26, 2022, inclusive. USCIS will consider a Form I-290B or Form N-336 filed within 90 days of the date of issuance.

Если запрос на документы RFE был сделан в промежутке между 1 ноября 2021 и 26 марта 2022, то у вас появилось дополнительных 60 дней для ответа на запрос RFE или 90 дней с момента решения на обжалования, аппеляции решения по вашему делу.

12/30/2021 In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny, NOID
Notices of Intent to Revoke, NOIR
Notices of Intent to Rescind, NOIR
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Response Due Date:
This flexibility applies to the documents listed above if the issuance date listed on the request, notice or decision is between March 1, 2020, and March 26, 2022, inclusive. USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and March 26, 2022, inclusive.
Under previously announced flexibilities, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS, and if such decision was issued between March 1, 2020, and Oct. 31, 2021, inclusive.

To schedule a consultation with immigration attorney, please email us.

Read here.

Response to RFE, NOID extended by 60 Days Until January 15 2022

9/24/2021

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 60 calendar days from the issuance of a decision we made; and
We made that decision anytime from March 1, 2020, through Jan. 15, 2022

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
Please visit uscis.gov/coronavirus for USCIS updates.

RFE Response Period Extended by Additional 60 Days

6/24/2021

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain requests from USCIS:

RFE, Requests for Evidence;
Continuations to Request Evidence (N-14);
NOID, Notices of Intent to Deny;
NOIR, Notices of Intent to Revoke;
NOIR, Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 60 calendar days from the issuance of a decision we made; and
We made that decision anytime from March 1, 2020, through Sept. 30, 2021

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Sept. 30, 2021, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

Briefly in Russian:

В связи с пандемией COVID-19, USCIS продлило срок для ответа на их запросы на 60 дней. Продление относится к запросам, датированным после 1 марта 2020 и по 30 сентября 2021.

See here.

COVID-19 Update from USCIS: RFE, NOID Response Period Extended by Additional 60 Days

12/18/2020

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers;
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.

Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
USCIS will provide further updates as the situation develops at uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS продлил период, когда разрешено отчечать на запросы из USCIS в вечение дополнительных 60 дней. Этот период с 1 марта 2020 был продлен до 31 января 2021, включительно.
Это значит, что если вы получили запрос из USCIS до 31 января 2021Б и там указана дата, до которой ваш ответ должен быть получен, у вас есть дополнительный период 60 дней для ответа на этот запрос.

RFE, NOID, NOIR Deadline 60-Day Flexibility Extended Until Sep 11, 2020

7/1/2020

In response to the coronavirus (COVID-19) pandemic, USCIS extended the 60-day response flexibility to 09/11/2020. It applies to the following:

• Requests for Evidence / RFE;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); and
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is between March 1, 2020 and September 11, 2020.

USCIS will consider a response to a request or notice listed above received within 60 calendar days after the response due date set in the request or notice before taking any action. USCIS will consider a Form I-290B or a Form N-336 received up to 60 calendar days from the date of the decision before we take any action.

For More Information, please visit uscis.gov/coronavirus .

RFE, NOID, NOIR Response Time Extended by 60 days for a period March 1 to July 1, 2020

5/1/2020

On May 1, 2020, USCIS announced that RFE and NOID, NOIR Response Time extended by 60 days for a period beginning March 1 and ending July 1, 2020.

USCIS продляет время для ответа на запросы RFE и письмо об отказе NOID, NOIR на 60 дней. Это период продлен включительно по 1 июля 2020. То есть если вы получили RFE, NOIR, NOID в период с 1 марта по 1 июля 2020, у вас есть дополнительные 60 дней для ответа.

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020 to assist applicants and petitioners who are responding to certain:
Requests for Evidence, RFE;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny, NOID;
Notices of Intent to Revoke, NOIR;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
filing date requirements for Form I-290B, Notice of Appeal or Motion.
Notice/Request/Decision Issuance Date
This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is between March 1 and July 1, 2020, inclusive.
Response Due Date
USCIS will consider a response to a request or notice listed above received within 60 calendar days after the response due date set in the request or notice before taking action. USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.
For More Information
Please visit uscis.gov/coronavirus for the latest facts and other USCIS updates.

COVID-19 Coronavirus Update from USCIS: RFE and NOID get extra 60 days to respond

3/27/2020

#COVID19 Update from USCIS:

In response to the Coronavirus (COVID-19) pandemic, USCIS announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.

For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection.

Local USCIS offices remain closed until April 7, 2020 (most likely, it will be extended). USCIS Service Centers are still open for business.

Please visit uscis.gov/coronavirus for latest facts and other USCIS updates.

03/30/2020 UPDATE:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.
Response Due Date: Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

USCIS Will Deny Applications Without First Issuing a RFE or NOID

7/13/2018

On July 13, 2018, Citizenship and Immigration Services (USCIS) posted a new policy memorandum that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility.

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new guidance does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

The earlier 2013 memorandum addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 guidance limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

New July 13, 2018 policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.

If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to: I-601 and I-601A waiver applications submitted without supporting evidence; or cases where the law requires the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission (e.g., a properly completed and supported by evidence Affidavit of Support (Form I-864), when applying for adjustment of status (Form I-485).

This 07/13/2018 policy guidance updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The policy in this “additional considerations” section is not new, and is nearly identical to the policy contained in the superseded 2013 memorandum.

After September 11, 2018, the effective date of the new policy, applicants and petitioners should be aware that when submitting a self-prepared incomplete or defective application, which is missing required documents, initial evidence, signatures, forms, properly prepared affidavit of support -- they are risking not merely a "rejection", where a complete application packet is mailed back with the filing fee check and all supporting documents, or a RFE, but a proper "denial" of their application, which results in losing of the filing fees, copies of the documents, and the official denial letter may provide brief and generic explanation of the reasons for denial.

After 09/11/2018, USCIS officers are given discretion to deny applications without first sending to an applicant a RFE (request for evidence) or NOID (notice of intent to deny) and giving the applicant an opportunity to correct the deficiencies of the application package.

This policy intervenes with another recent USCIS policy memorandum, dated June 28, 2018, which instructed USCIS officers to issue NTAs to refer applicants to immigration court for removal or deportation after denying their application, if an applicant is out of status on the date of denial.

The USCIS officer will deny the application, check if an applicant maintains his lawful nonimmigrant status, and if not, will issue a NTA and refer them for deportation (removal) to immigration court.

Briefly in Russian:

USCIS иммиграционная служба США недавно опубликовала два новых меморандума, и объявила о намерении ужесточить правила.

(1) Теперь офицеры USCIS будут иметь право отказывать по заявлениям БЕЗ предварительного запроса дополнительных документов и доказательств (RFE request for evidence or NOID notice of intent to deny).
Суть этих запросов в том, что если заявитель забыл послать какие-то копии или документы, он имел возможность позже дослать эти документы по запросу.

(2) После отказа теперь офицеры смогут сами без участия ICE передавать отказанные дела на депортацию в иммиграционный суд, если заявитель на момент отказа находится без легального статуса. Сами сотрудники USCIS будут выписывать повестку в суд на депортацию, NTA or notice to appear.

Это может коснуться и студентов, и лиц на рабочих визах, и даже тех кто подает на грин карту через брак и родителей американских граждан.
Таким образом USCIS cобираются экономить время на рассмотрении заявлений с отсутствующими необходимыми документами, или с недостаточным аффидевитом о материальной поддержке. После отказа, дело направляется в иммиграционный суд, и покидает юрисдикцию USCIS.

Ожидается, что новые правила по отказам вступят в силу с 11 сентября 2018, но такие отказы могут участиться и до этой даты.

New Policy: No Deference to Prior Determinations of Eligibility in Petitions for Extension of Nonimmigrant Status

11/3/2017

On October 23, 2017, another long-standing USCIS adjudication policy was reversed. When filing for an extension of the non-immigrant status, for example, H-1B work visa, you should not take for granted any prior approvals. An applicant has to prove his/her eligibility again when applying for an extension of the same status, even if status was approved before. USCIS will no longer defer to prior approvals.

October 23, 2017 Policy Memorandum "Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status" is available at USCIS webportal.

As a result, USCIS made it more difficult for companies to renew H-1B visas for foreign professionals (workers) who work in specialty occupations. Previously, when it was time to renew an H-1B employee’s status, the USCIS gave deference to past H-1B approval decisions. This enabled H-1B visa holders to obtain extensions in a fast and straightforward manner. USCIS recently rescinded (canceled) their old policy memorandum, and now H-1B visa holders who apply for extensions must again prove eligibility as though they are seeking H-1B visas for the first time.

This policy change will impose greater uncertainty, loss of foreign talent (who may choose to migrate to Canada instead), higher costs and delays to companies who rely on foreign talent.

USCIS is directing officers to use the same amount of scrutiny for initial and extension requests, and indicating that the new guidance applies to a variety of employment visas, not just H-1B.

It is expected that employers will be receiving many detailed Requests for Evidence (“RFE”) when H-1B extension requests are filed. These RFEs will increase the administrative and legal burden on employers seeking H-1B visas, and increase the costs.

Effective October 1, 2017, USCIS also imposed a new rule requiring in-person interviews with all employment-based immigrant visa applicants, including spouses and children, which will burden local USCIS offices and increase wait time for all green card categories waiting for an adjustment of status interview.

H-1B visas are valid for a total of six years and are usually issued in three-year increments. To prepare for the new renewal process, H-1B employers should initiate the renewal process far enough in advance to secure an extension before an H-1B employee’s status expires.

USCIS October 23, 2017 memo.

August 17, 2015 USCIS Memo: New L-1B Visa Adjudications Policy for Intracompany Transferees with Specialized Knowledge.

9/3/2015

On August 17 2015, USCIS published L-1B adjudications policy memorandum. New memo provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess "specialized knowledge" from their foreign operations to their operations in the United States.

New memo provides consolidated guidance on the L-1B program, superseding and rescinding all prior L-1B memoranda. This memo applies only to L-1B visas/employees with specialized knowledge (not L-1A visas).

"Preponderance of the Evidence" Standard of Proof: a petitioner seeking approval of the L-1B visa, must establish that they meets each eligibility requirement of the L-1B classification by preponderance of evidence. This standard of proof is lower than that of "clear and convincing evidence" or "beyond a reasonable doubt" standards.

Elements of the L-1B Classification:

In order to establish eligibility for approval, the L-1B petitioner must show:
(1) that the beneficiary possesses “specialized knowledge”;
(2) that the position offered involves the “specialized knowledge” held by the beneficiary; and
(3) that the beneficiary has at least one continuous year of employment abroad in a managerial, executive, or specialized knowledge capacity with the petitioning employer and/or any qualifying organization (collectively referred to as the “petitioning organization”) within the preceding 3 years.

If the beneficiary will be located primarily at the workplace of an unaffiliated company, the petitioner also must establish that the beneficiary is eligible for L-1B classification under the requirements of the L-1 Visa Reform Act, discussed below in section VI.

The new memo provides definition of "specialized knowledge".

A petitioner can demonstrate “specialized knowledge” by establishing either one of two statutory criteria. Under the statute, a beneficiary is deemed to have specialized knowledge if he or she has:
(1) a “special” knowledge of the company product and its application in international markets; or
(2) an “advanced” level of knowledge of the processes and procedures of the company.
INA 214(c)(2)(B).

The corresponding regulation similarly defines specialized knowledge in terms of “special” or “advanced” knowledge:
[S]pecial knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
8 CFR 214.2(l)(1)(ii)(D).

Other important things to keep in mind:
>>Specialized knowledge generally cannot be commonly held, lacking in complexity, or easily imparted to other individuals.
>>Specialized knowledge need not be proprietary or unique to the petitioning organization.
>>The L-1B classification does not involve a test of the U.S. labor market.
>>Specialized knowledge workers need not occupy managerial or similar positions or command higher compensation than their peers.

The memo notes the following "non-exhaustive" list of factors USCIS may consider when determining whether a beneficiary’s knowledge is specialized:

The beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization's U.S. operations.
The beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer's productivity, competitiveness, image, or financial position.
The beneficiary's claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
The beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
The beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the petitioning organization.
The beneficiary possesses knowledge that is particularly beneficial to the petitioning organization's competitiveness in the marketplace.

Other evidence that a petitioner may submit to demonstrate that an individual’s knowledge is special or advanced, includes, but is not limited to:
• Documentation of training, work experience, or education establishing the number of years the individual has been using or developing the claimed specialized knowledge as an employee of the petitioning organization or in the industry;
• Evidence of the impact, if any, the transfer of the individual would have on the petitioning organization’s U.S. operations;
• Evidence that the alien is qualified to contribute significantly to the U.S. operation’s knowledge of foreign operating conditions as a result of knowledge not generally found in the petitioning organization’s U.S. operations;
• Contracts, statements of work, or other documentation that shows that the beneficiary possesses knowledge that is particularly beneficial to the petitioning organization’s competitiveness in the marketplace;
• Evidence, such as correspondence or reports, establishing that the beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the petitioning organization’s productivity, competitiveness, image, or financial position;
• Personnel or in-house training records that establish that the beneficiary’s claimed specialized knowledge normally can be gained only through prior experience or training with the petitioning organization;
• Curricula and training manuals for internal training courses, financial documents, or other evidence that may demonstrate that the beneficiary possesses knowledge of a product or process that cannot be transferred or taught to another individual without significant economic cost or inconvenience;
*Evidence of patents, trademarks, licenses, or contracts awarded to the petitioning organization based on the beneficiary’s work, or similar evidence that the beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily proprietary or unique to the petitioning organization; and
• Payroll documents, federal or state wage statements, documentation of other forms of compensation, resumes, organizational charts, or similar evidence documenting the positions held and the compensation provided to the beneficiary and parallel employees in the petitioning organization.

A petitioner may submit any other evidence it chooses. In all cases, USCIS will review the entire record to determine whether the petitioner has established by a preponderance of the evidence that the beneficiary has specialized knowledge under the totality of the circumstances. Merely stating that a beneficiary’s knowledge is somehow different from others or greatly developed does not, in and of itself, establish that he or she possesses specialized knowledge. Ultimately, it is the weight and type of evidence that establishes whether the beneficiary possesses specialized knowledge.

USCIS can issue a RFE (Request for Evidence) for various reasons to I-129 Petitioner. Denial rate is high, RFE rate is even higher for L-1B petition. The new memo is intended to help to solve many difficulties with obtaining a L-1B visa for qualifying applicants.

See August 17, 2015 memo at http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/L-1B_Memorandum_8_14_15_draft_for_FINAL_4pmAPPROVED.pdf

How to apply for a work permit, EAD card. Effective May 26, 2015, some H-4 spouses will be eligible to apply for a work permit. NOTE: Not all H-4 are eligible for EAD.

5/20/2015

USCIS has published information to help eligible H-4 dependent spouses to apply for employment authorization (work permit) under the Employment Authorization for Certain H-4 Dependent Spouses final rule.

Note: you can file application for a work permit only on or after May 26, 2015, and you must be eligible to apply.

Application form is USCIS form I-765, and the filing fee is US$380.

Note: it is applicant's burden of proof to provide evidence of your status, your H1B spouse's status and prove that you meet other eligibility requirements. Your application can be delayed or denied if it's incomplete.

Eligibility requirements: you are eligible to apply for a work permit if you are the H-4 dependent spouse of an H-1B nonimmigrant IF your H-1B nonimmigrant spouse:

Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
Has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.

Read here.

Extreme Hardship Waiver, USCIS I-601, and Provisional Waiver, I-601A, Approval and Denial Rates, RFE, USCIS Statistics for FY 2010-201

5/4/2015

USCIS provided statistics on approval rate, denial rate, and RFE rate for Forms I-601 and Forms I-601A, for FY2010 through FY2015.

Information was provided in response to a FOIA request.

Since FY2010 thru January of FY2015, the average approval rate for I-601s is 79.6% and the average denial rate is 20.4%.

The average RFE rate is 18.8%.

Since March of FY2013 thru January of FY2015, the average approval rate for I-601As is 70.2% and the average denial rate is 29.8%.

The average RFE rate is 26.2%.

The total number of I-601 decisions issued since FY2010 (over the course of 5 years and 4 months) = 64,826.

The total number of I-601As issued since the program started in FY2013 (over the course of 1 year and 11 months) = 62,973.

The highest approval rate for I-601s was 82.4% in FY2013 (the year the provisional waiver program started). At the same time, I-601A approvals were at their lowest in FY2013 at 63.9% -- This was pre-"reason to believe" guidance so this makes sense. Total receipts for I-601As since March of FY2013 = 74,439.

Read more stats at: https://drive.google.com/file/d/0B_6gbFPjVDoxRExvLW92eXhHUEU/edit