This week, USCIS announced the following policy and service updates that will positively impact the administration of immigration benefits and help the agency worth through case backlogs.
Updating USCIS Policy Manual Regarding Issuance of RFEs and NOIDs
USCIS announced that it is returning to it’s prior Request for Evidence (RFE) and Notice of Intent to Deny (NOID) issuance practice outlined in the June 2013 Policy Memorandum, which requires agency officers to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. As part of the new policy, the agency also rescinded the July 2018 Policy promulgated under the Trump Administration, which permitted adjudicators to deny certain immigration benefit requests without first issuing an RFE or NOID.
Updating USCIS’s Expedite Criteria
USCIS also issued a June 2021 Policy Memorandum which, among other things, clarifies the criteria and circumstances under which USCIS will generally consider expedite requests and restores the ability of certain non-profit organizations to request discretionary expedited service (even where premium processing service is also available).
Extending Validity of Certain Adjustment EADs from 1 to 2 Years
Finally, USCIS has issued updated Policy Guidance, which states that the agency will now issue EAD cards for applicants for Adjustment of Status with a two (2) year validity period (for both the initial EAD and renewals) rather than the previous one (1) year validity period.