USCIS Ends COVID-19–Related Flexibility for Responding to Agency Requests on Notices Dated After March 23, 2023

On March 23, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that COVID-19–related deadline extensions for responses to agency notices or requests, such as Requests for Evidence and Notices of Intent to Deny, have now ended. Requests or notices from USCIS dated after March 23, 2023, must once again be timely filed by the deadlines listed on them by USCIS.

Background

In March 2020, in response to the COVID-19 pandemic, USCIS announced that it would offer flexibility to help applicants, petitioners, and requestors meet their deadlines. USCIS continued to announce extensions of this flexibility on multiple occasions. Then in January 2023, USCIS finally announced that unless the COVID-19 pandemic presented further changes, the agency expected to end this flexibility in March of this year.

Back to the Normal Deadline Process

Consistent with their January 2023 notification, USCIS is now informing petitioners and applicants that they must respond by the USCIS-listed deadlines to all notices dated after March 23, 2023. This includes the following:

• 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

Furthermore, Form I-290B, Notice of Appeal or Motion, and Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), related to decisions dated after March 23, 2023, must comply with the forms’ instructions on deadlines.

USCIS stated that they do have discretion to give flexibility on certain deadlines on a case-by-case basis upon request, for petitioners or applicants affected by emergencies or unforeseen circumstances.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the firm’s Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.