USCIS Extends Compliance Flexibilities Implemented During COVID-19 Pandemic

By Trevor R. Brice and Marylou Fabbo - Skoler, Abbott & Presser, P.C.

August 15, 2022

Over the last few years, the United States Citizenship and Immigration Services (“USCIS”) has relaxed various compliance requirements recognizing they had become impracticable during the COVID-19 pandemic.  On July 25, 2022, USCIS announced that it would continue with at least two of its pandemic-related changes:  (1) Allowing additional time to respond to certain USCIS requests instead of strict adherence to unmanageable deadlines; and (2) continuing to accept certain copies of documents rather than reverting to its long-standing practice of requiring originals.  The extension of these relaxed protocol are the result of increased USCIS processing times as well as challenges presented when employees are working remotely.

60-Day Extension for Responses to Certain Requests

As many of you know, USCIS is the government agency that administers lawful immigration to the United States.  After an employer submits an petition on behalf of an employee, it is not uncommon for USCIS to issue a Request for Additional Evidence (RFE).  The Agency is now affording petitioners an extra 60 days from the deadline stated in the request to submit a response.  The extension applies to all RFEs received between March 1, 2020 and October 23, 2022.  The RFE is the most common request employers receive; however, the extended deadline also applies to the following requests and notices:
•    Requests Evidence (RFE)
•    Continuations to Request Evidence (N-14)
•    Notices of Intent to Deny (NOID)
•    Notices of Intent to Revoke or Rescind (NOIR)
•    Notices of Intent to Terminate regional centers (NOIT)
•    Notices of Intent to Withdraw Temporary Protected Status and;
•    Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

90-Day Extension On Appeals

In addition, for USCIS decisions dated between November 1, 2021 and October 23, 2022, USCIS will grant 90 calendar days from the date of the decision to file a Form 1-290B appeal or motion.  The 90-day extension also applies to a Form N-336 request for a hearing on Naturalization Proceedings.

The appeal-related extensions will be a relief to many employers.  In our own practice, we have received decisions after the appeal period has run.  Often employers learn of approval or denials through their online portals, but the basis for the decision is not provided.  Employers must then request the written explanation.  The appeal period may have passed before the employer received the written decision and/or had time to consider what to do next. These extensions will alleviate some employer frustrations with immigration-related processes.

Acceptability of Documents Without Signatures Becomes Permanent

USCIS additionally announced it would permanently allow copies of documents that have original signatures to be submitted, which it temporarily had been doing since March 2020. This means that a document may be scanned, faxed, photocopied, or otherwise similarly reproduced, provided that the copy must be of an original document containing the employee’s original, handwritten signature.  Keep in mind, however, that electronically-signed documents (such as those that are signed through Docusignor similar applications that affix an electronic signature) are not acceptable. USCIS limits electronic signatures to USCIS e-file forms. Employers are still required retain copies of the original documents with the employees’ original signature so make sure you get that original from your employee.  With people working remotely, this will make submissions a lot easier.  Now, individuals working remotely cans simply sign and scan documents for forwarding to USCIS.

USCIS Recognizes Modern Workplace Trends

As it has done to other employers, the pandemic has given USCIS a strong push to catch up with the times.  Courts, agencies and employers now regularly use Zoom and similar platforms to connect with others when in-person meetings used to be a must.  USCIS accepted remote verification of Forms I-9 through the use of such platforms during the pandemic and later made the policy permanent.  Also, for years, organizations have recognized that a copy of a document is not inherently untrustworthy and that it is often more efficient and easier to exchange copies of documents through email or mail.  USCIS has now also has made permanent the acceptability of certain document copies.   On March 30, 2022, USCIS extended the 60 and 90-day deadlines and at the same time announced that it anticipated it would be the final extension.  As we have now learned, it was not.  Employers should not count on being afforded additional automatic extensions beyond the final dates announced above but should keep on the lookout for more changes from USCIS down the road.

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