USCIS Updated Policy Manuals related to RFEs, NOIDs, Expedite Requests and EAD’s validity

USCIS has recently issued new policy updates in the USCIS Policy Manual clarifying the criteria and circumstances for:

• Expedited processing
• Request for evidence (RFE)
• Notice of intent to deny (NOID)
• Validity period for initial and renewal employment authorization documents (EADs) for individuals with pending adjustment of status applications.

Expedited Processing

Expedited processing is a special-situation service USCIS considers for benefit requestors who urgently need their request for immigration benefits adjudicated. USCIS reviews such requests on a case-by-case basis. Expedited requests for noncitizens with a final order of removal or noncitizens in removal proceedings are coordinated between USCIS and ICE.

Nonprofit organizations whose request is in furtherance of the cultural and social interests of the United States may be considered for expedited processing, even if premium processing is available for that benefit.

RFEs and NOIDs

USCIS is rescinding a July 2018 memo that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.

This updated policy will ensure that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions. A USCIS officer will issue an RFE or NOID when the officer determines additional information or explanation might establish eligibility for an immigration benefit.

EADs

EAD’s initial application and renewal will increase to two years of validity for certain adjustment of status applicants. This increase of validity is expected to reduce the number of employment authorization requests USCIS receives and allow the agency to shift limited resources to other priority areas.

This guidance was issued because of ongoing processing delays affecting the completion of adjustment of status applications.