USCIS extends compliance flexibilities implemented during COVID-19 pandemic

Over the last few years, the U.S. Citizenship and Immigration Services (USCIS) has relaxed various compliance requirements, recognizing they had become impracticable during the COVID-19 pandemic. On July 25, 2022, the agency announced it would continue with at least two of its pandemic-related changes—allowing additional time to respond to certain requests instead of strict adherence to unmanageable deadlines and continuing to accept certain copies of documents rather than reverting to its long-standing practice of requiring originals. The extension of these relaxed protocols is 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

USCIS is the government agency that administers lawful immigration to the United States. After an employer submits a petition on behalf of an employee, it’s 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, but the extended deadline also applies to the following requests and notices: