USCIS Policy Updates

On June 9, 2021, USCIS issued three new policy updates as follows: 1) clarification of expedited processing; 2) improve requests for RFE’s and NOID’s; and 3) increase the validity of initial and renewal EAD’s.  This 3^rd policy update is likely to be of most help to foreign nationals, as many foreign nationals apply for their legal permanent residence through adjustment of status rather than consular processing for their immigrant visa abroad.

1. In some special situation cases, USCIS will expedite an application or petition. Some cases may be expedited by paying the USCIS premium processing fee of $2500. But not all cases are allowed to avail themselves of this expedite fee and/or some petitioners / applicants cannot afford the fee.  USCIS has added “emergencies” back to the factors.  USCIS will consider factors such as severe financial loss; emergencies and urgent humanitarian reasons; nonprofits which further the cultural or social interests of the US; US government interests or other public safety or national security; or clear USCIS error.  The full text is at https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request
2. USCIS had increasingly been issuing Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). A July 2018 memo had even allowed USCIS officers to deny a case without first issuing an RFE or NOID. Officers are now instructed that they should not issue unnecessary RFE’s or NOID’s, if the evidence already submitted establishes eligibility.
3. An EAD (Employment Authorization Document) will now be valid for 2 years instead of just 1 year for certain applicants who are applying for adjustment of status. The processing times for EAD’s has become longer and longer, so issuing them for 2 years will create less work both for USCIS and for applicants.

The full text of the USCIS June 9, 2021 News Release can be read at https://www.uscis.gov/news/news-release