Articles Posted in NOIDs

March 26, 2021

This Week in Immigration News: H-1B FY 2022 Cap Selection Process Begins, USCIS Extends Flexibility for RFE/NOID Responses, and DOS Update about the Public Charge Rule

Happy Friday! In this blog post, we bring you the latest immigration updates including exciting information about the H-1B cap season for FY 2022 now in full swing, USCIS Flexibility to RFEs/NOIDs and other agency requests, and the Department of State’s update regarding the 2018 Public Charge rule.

H-1B Cap FY 2022 News

The H-1B cap season is now upon us. On March 9, 2021, USCIS opened the mandatory H-1B electronic registration system, in preparation for selection of visas under the H-1B cap for fiscal year 2022. Last year, USCIS introduced a brand-new electronic registration process for the H-1B cap, including the advanced degree exemption. The electronic registration system has been implemented to streamline the application process. Gone are the days when all petitioners were required to submit a paper application by mail for a chance of being selected.

Now the electronic registration process requires prospective H-1B petitioners, seeking authorization to employ H-1B workers subject to the cap, to complete an electronic registration on the USCIS website that asks for basic information about the prospective petitioner and each requested worker.

Only those who submit an electronic registration have a chance of being selected to participate in the H-1B visa lottery. Additionally, only those with a selected registration are invited to submit a paper application by mail to establish eligibility for an H-1B visa.

Yesterday, March 25, 2021, the electronic registration period officially closed. USCIS will now go through the process of randomly selecting from eligible registrations to fill the H-1B cap.

December 18, 2020

USCIS Extends Flexibility for Responding to Agency Requests Issued Between March 1st and January 31st 2021

by Jacob Sapochnick

Welcome back to Visalawyerblog! We have an important announcement for applicants who have or may receive a request for evidence, notice of intent to deny, or a related document of such kind, between March 1, 2020 and January 31, 2021.

Today, December 18, 2020, USCIS announced that it will extend its flexibility policy and continue to grant applicants an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 and January 31, 2021.

What documents qualify for this flexibility in responding?

Applicants who received any of the below mentioned documents dated between March 1, 2020 and January 31, 2020 can take advantage of the additional 60 days to respond to the request or notice:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
Filing date requirements for Form I-290B, Notice of Appeal or Motion.

September 14, 2020

USCIS Announces Extension of Flexibility for RFE, NOID, and Similar Responses and REMINDER Filing Fees Will Increase Beginning October 2nd

by Jacob Sapochnick

Welcome to the start of a new week! In this blog post we discuss an exciting new announcement and a quick reminder regarding upcoming increases in filing fees.

USCIS Announces Extension of Flexibility for RFE, NOID, and Similar Responses

On September 11, 2020, the United States Citizenship and Immigration Services (USCIS) extended its previous policy granting applicants additional time to respond to requests for evidence, notices of intent to deny, and such similar notices.

Specifically, USCIS has stated that an applicant who has received a request, notice or decision dated between March 1, 2020 and January 1, 2021, may respond to such request or notice within 60 calendar days after the due date/deadline provided in the notice or request.

This flexibility is granted for the following types of notices, so long as the notice or request is dated between March 1, 2020 and January 1, 2021:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
Filing date requirements for Form I-290B, Notice of Appeal or Motion.

This flexibility has been provided to allow applicants the opportunity to gather important documentation needed to respond to the request or notice, given the extraordinary delays applicants have been facing in obtaining documents during the Coronavirus pandemic.

This policy ensures that USCIS will not take any adverse action on a case without first considering a response to the request or notice issued to the applicant.

USCIS will also consider a Form N-336 and Form I-290B “received” up to 60 calendar days from the date of the decision, before taking any action.

July 2, 2020

USCIS Extends Flexibility for RFE, NOID, NOIR, I-290B, N-336 Responses Filed After the Deadline

by Jacob Sapochnick

We have great news for applicants who are issued a request for evidence, notice of intent to deny, or a related document, between March 1^st and September 11^th.

On July 1, 2020, USCIS announced that it will extend its flexibility policy and will continue to grant applicants an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to the request or notice, provided the request or notice was issued by USCIS between March 1 and September 11.

What documents qualify for this flexibility in responding?

Applicants who received any of the below mentioned documents dated between March 1 and September 11^th can take advantage of the additional 60 days to respond to the request or notice:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
Filing date requirements for Form I-290B, Notice of Appeal or Motion.

May 7, 2020

UPDATES: USCIS Extends Flexibility Policy for RFEs, NOIDs, I-290bs, and more

by Jacob Sapochnick

Welcome back to Visalawyerblog! In this post we will discuss a few recent updates released by the United States Citizenship and Immigration Services (USCIS).

UPDATE: USCIS Extends Flexibility Policy for RFEs, NOIDs, I-290bs, and more

Due to the ongoing circumstances relating to COVID-19, USCIS will continue to provide flexibility in responding to certain deadline-oriented requests, provided the notice or decision requesting the additional evidence was issued between March 1^st and July 1^st.

What types of documents will USCIS provide flexibility for?

Flexibility will be provided for 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 and Notices of Intent to Terminate regional investment centers and
Filing date requirements for Form I-290B, Notice of Appeal or Motion

To reiterate, flexibility will only be granted for notices or decisions with an issuance date between March 1^st and July 1^st. Notices issued before March 1^st or after July 1^st will not receive this leniency.

When can I respond to my notice or decision?

USCIS will accept responses to any of the above notices or decisions if they are received within 60 calendar days after the response deadline set in the initial request or notice.

This will provide relief to individuals who need more time to acquire necessary documents requested by USCIS from offices and agencies that are currently closed due to COVID-19.

Military Personnel and Veterans Eligible to File Form N-400 Online

USCIS recently announced that U.S. service members and veterans can now apply for naturalization on Form N-400 online.

This is an exciting new development because these applicants will not only be able to file their application and documents electronically, they can also check the status of their case and receive notices from USCIS online. In addition, USCIS will be using previously submitted biometrics where available. Where biometrics are not available, a U.S. service member stationed outside the U.S., can submit two properly completed FD-258 fingerprint cards and two passport style photos taken by the military police, officials with DHS, the U.S. Embassy or Consulate.

Please note that aliens currently serving or who have served in the armed forces may be eligible for naturalization under special provisions of immigration law. These individuals would have their application fee waived.

April 6, 2020

Immigration Roundup: All Major COVID-19 Updates Summarized

by Jacob Sapochnick

In this post, we summarize all of the major and recent developments taken by USCIS, the Department of State, and the Department of Justice in response to the COVID-19 pandemic.

These developments directly impact immigration in significant ways that will be discussed in further detail below.

As this situation evolves, we will continue to update this post for your benefit. You may also read all of our COVID-19 related posts here.

USCIS Field Offices, ASCs, and Asylum Offices Temporary Closed to the Public

To combat the spread of the COVID 19 pandemic, on March 18^th USCIS announced the temporary closure of field offices, application support centers, and asylum offices, to the public until at least May 3^rd.

We suspect that this closure will be further extended given the current public health crisis we are experiencing nationwide.

Applicants who were scheduled to appear for an interview, biometrics, or asylum interview from March 18 to May 3^rd will receive a notice in the mail regarding impacted services, as well as a notice rescheduling the appointment.

ASC appointments will be rescheduled once offices are re-opened to the public.

At this time, please continue to be patient and monitor your mail closely.

USCIS Field Office and Service Center Operations Continue

Although USCIS is closing field offices to the public, the agency has stated that office employees will continue to perform mission-essential services that do not require face-to-face contact with the public.

Furthermore, USCIS service centers and facilities continue to operate and will continue to adjudicate petitions filed nationwide.

USCIS Expands RFE/NOID/NOIR/NOIT/I-290B Deadlines

On March 30, 2020, USCIS announced that it will consider any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice before any action is taken by USCIS.

January 30, 2020

Iranian Nationals: Termination of Eligibility for E-1 and E-2 Nonimmigrant Classification

by Jacob Sapochnick

On January 23, 2020, the United States Citizenship and Immigration Services (USCIS) formally announced by way of a notice published in the Federal Register that nationals of Iran and their dependents are no longer eligible to change or extend their stay in E-1 or E-2 nonimmigrant status due to the termination of the 1995 Treaty of Economic Relations (also known as the Treaty of Amity) between the United States and Iran.

Under current immigration law, “the existence of a qualifying treaty or authorizing legislation is . . . a threshold requirement for issuing an E visa.” Therefore, the termination of the Treaty of Amity between the United States and Iran no longer provides a basis for Iranian nationals to qualify for the E nonimmigrant visa classification.

When did the Treaty end?

On October 3, 2018, the U.S. Department of Homeland Security notified Iran of the Termination of the Treaty of Amity. On October 23, 2019, the Department of State provided DHS with formal notice of the termination of the treaty. Currently, there are no other qualifying treaties with Iran or any legislation for granting E-1 or E-2 status to Iranian nationals.

What does this mean?

Accordingly, a national of Iran is no longer eligible for an extension of stay in E-1 or E-2 status or a change of status to E-1 or E-2 on the basis of the Treaty of Amity.

September 13, 2018

Guidance on New USCIS Policy Denying Petitions without first issuing RFE or NOID

by Jacob Sapochnick

We would like to remind our readers that beginning September 11, 2018, USCIS immigration officers will have the discretion to issue denials without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOIDs).

The new policy was announced in a policy memorandum released during the month of July.

On September 6, 2018, the CIS Ombudsman’s Office provided further details on the new policy:

USCIS Adopts NEW National Interest Waiver Eligibility Standard in Matter of Dhanasar

On December 27, 2016 in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) the USCIS Administrative Appeals Office (AAO) handed down a groundbreaking decision which has changed the analytical framework for determining eligibility of national interest waivers. This new decision will affect foreign nationals who are pursuing a green card based on employment in […]

Tourist Visa Applicants: Common Pitfalls to Avoid During the Application Process

Do’s and Don’ts If you are considering applying for a temporary visitor visa to travel to the United States for purposes of leisure or to receive temporary medical treatment, there are several things you should be aware of. First, you should understand what you can do while on a temporary visitor visa and what […]

Happy Labor Day!

From our family to yours, Happy Labor Day!

Staff Spotlight: Associate Attorney Nadia Galash, Esq.

It is a pleasure for our law office to introduce associate attorney Nadia Galash to our readers Bio: Nadia Galash has been a California licensed attorney since 2009 and has been practicing immigration law since 2011. Nadia Galash specializes in adjustment of status/permanent resident processing; citizenship; deportation and removal proceedings before Immigration Court; law and motion […]