Lawfully Digest
Jun 25, 2021
USCIS updates on Expedited Processing, RFE, NOID, initial & renewal EAD
On June 9, 2021, USCIS released three major policy updates to 1) clarify the criteria and circumstances for expedited processing; 2) improve request for evidence (RFE) and notice of intent to deny (NOID) guidance; and 3) increase the validity period for initial and renewal employment authorization documents (EADs) for certain noncitizens with pending adjustment of status applications. Check more details below.
A. Expedited Processing
In general, you may request expedited processing that USCIS grants on a case-by-case basis. Now under the updated expedite criteria policy:
1. Benefit requestors and USCIS officers are provided further guidance on when expedited processing may be warranted.
2. If nonprofit organizations' request is in line with the cultural and social interests of the United States, they may request that a benefit be considered for expedited processing, even if premium processing is available for that benefit.
B. Requests for Evidence and Notices of Intent to Deny
1. USCIS is returning to the adjudicative principles of a June 2013 memo that instructed agency officers to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit.
2. USCIS is rolling back a July 2018 memo that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.
This updated policy gives a positive sign to applicants in that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions. In general, a USCIS officer will issue an RFE or NOID when the officer determines additional information or explanation may potentially establish eligibility for an immigration benefit.
C. Employment Authorization Documents (EAD)
EADs allow you to work in the United States for a specific time period if you meet some criteria.
According to the updated policy, the current 1 year validity period on initial and renewal EADs is increasing to 2 years for certain adjustment of status applicants.
This guidance was issued due to ongoing processing delays affecting the completion of adjustment of status applications. Renewing EADs in this category is generally free, and USCIS received nearly 370,000 adjustment-related employment authorization requests in fiscal year 2020. Increasing the validity period on EADs for certain adjustment applicants is expected to reduce the number of employment authorization requests USCIS receives and allow the agency to shift limited resources to other priority areas.
Contrary to immigration policies during the Trump administration, significant changes on the policies are going to be in favor of immigrants. For more details, click here - https://www.uscis.gov/news/news-releases/uscis-updates-policies-to-improve-immigration-services
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hope fullNov 4, 2021
so is USCIS required by the law to send a notice of intent to deny for a I751 pending after interview???
