Due to COVID-19, USCIS Extends Notice Deadlines, Will Accept Previously Submitted Biometrics for Employment Authorization Extensions

On March 30, 2020, U.S. Citizenship and Immigration Services (USCIS) announced the following policy updates in response to the COVID-19 pandemic:

60-Day Extension: USCIS is extending the deadline to submit the documents listed below by 60 days from their original due date. The extension applies only to the named documents with an issue date between March 1, 2020, and May 1, 2020. The included documents are as follows:

• Request for Evidence (RFE);
• Notice of Intent to Deny (NOID);
• Notice of Intent to Revoke (NOIR); and
• Notice of Intent to Terminate (NOIT).

Biometrics: USCIS will use previously submitted biometrics to process extensions of employment authorization documents for applicants who had an appointment scheduled on March 18, 2020, or later or for those who have filed Form I-765 (Application for Employment Authorization) extensions. USCIS will employ this new policy until its Application Support Centers reopen to the public. Currently, this policy does not apply to initial I-765 applications, or to other applications that require biometrics appointments (such as Form I-539 (Application to Extend/Change Nonimmigrant Status)).

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to the policy changes and will post updates on our Immigration blog and in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Critical information for employers is also available via the firm’s webinar programs.