USCIS UPDATES: Extension of Flexibility for RFE, NOID, and Similar Responses & Announcement for Resubmission of FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

Welcome to the start of a new week! In this blog post we share with you some good news regarding the continuing flexibility policy being followed by the United States Citizenship and Immigration Services (USCIS) for applicants who have received a Request for Evidence, or Notice of Intent to Deny between March 1, 2020, and September 30, 2021, as well as new guidance for FY 2021 H-1B cap-subject petitioners, whose petitions were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

On June 24, 2021, USCIS announced that it will continue its flexibility policy and grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through September 30, 2021.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and September 30, 2021 can take advantage of the additional 60 days to respond to the request or notice:

Requests for Evidence;
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;

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, if:

The form was filed up to 60 calendar days from the issuance of a decision made by USCIS: and

For more information about this flexibility please click here.

USCIS Announces Resubmission of FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

As further good news, the U.S. Citizenship and Immigration Services (USCIS) recently announced it will now accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.

If your FY 2021 petition was rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020, you may re-submit that previously filed petition, with all applicable fees, to the Texas Service Center in Irving, Texas. Such petitions must be resubmitted before Oct. 1, 2021. If properly resubmitted, USCIS will consider the petition to have been filed on the original receipt date.

For further information about this new announcement please click here.

Need help? Please feel free to reach out to us if you are in need of an experienced attorney to help you navigate the immigration process. To schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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