Update: Similar to the 60-day extension offered for Requests for Evidence and Notices of Intent to Deny, immigration services announced that it would give certain petitioners an additional 60 days to respond to other categories of notices as well. These apply to notices received during a specific window of time, and the 60 days are in addition to the response date mentioned in the notice. Immigration services had already announced a closure of all in-person services at its field offices and Application Service Centers due to the Coronavirus outbreak. Following that, it also began offering flexibility in responding to certain notices. READ: Petition to Extend H1-B 60-Day Grace Period
Which Notices Have the 60-Day Grace Period to Respond
Requests for Evidence (RFE); Notices of Intent to Deny (NOID); Notices of Intent to Revoke (NOIR); Continuations to Request Evidence (N-14); 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.
How should you respond effectively to an RFE? Here's How RFE Response
What Does This 60-Day Extension Mean?
For applicants and petitioners who received the above notices during the qualifying period, immigration services will accept their responses within 60 calendar days after the response due date set in the request or notice before taking action. The new response deadline will be automatically calculated by adding 60 calendar days to the date mentioned in the immigration services notice. For example, if your notice asks for a response by a certain date, you have an additional 60 calendar days from that date to respond.
Who Is Impacted by This 60-Day Extension?
H1-B, L1-A, L1-B, and H4 EAD visa holders, as well as family-based permanent residency petitioners, are impacted by the RFE category. Visa petitions, work permits, and adjustment of status applicants are also affected. Under NOID, immigrant and non-immigrant visa petitioners are covered. NOIR affects petitioners applying for US naturalization. Continuations to Request Evidence (N-14) apply to EB-5 applicants and H4 EAD workers. Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers affect their respective applicants. Filing date requirements for Form I-290B affect applicants of Form I-140, Immigrant Petition for Alien Worker, as well as student visa holders.
Important to Know
While immigration services continues to offer flexibility and help minimize the immigration consequences for those seeking immigration benefits during the pandemic, it is important that all petitioners consult their legal immigration counsel when responding to these notices. Despite the flexibility offered, all petitioners and their legal representatives should be prompt in preparing and submitting their responses. The sooner you respond, the faster you receive an adjudication.
Some deadlines might supersede the ones offered by immigration services in their latest announcement. Every respondent should have a legal expert review the notice for fine print to see the exact deadline applicable to each case. In certain circumstances, I-94s and certain work visas could expire before the extended deadlines to respond. It is important to know how to react in these cases.
Is your visitor visa expiring and you are unable to leave the country? Here's a step-by-step guide to extend your US Visa: US Visa Extension Process
The 60-day grace period should not be exploited by applicants. It exists to account for certain difficulties posed by the restrictions of the Coronavirus pandemic. Be prepared to explain any delay in responding if you have to. Immigration services offices restarted in-person services earlier in 2020. Stay tuned to this space to see what other changes immigration services will announce.
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