06/09/2021

Applaudable changes have been made by USCIS. These are our update.

RFEs and NOIDs

In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving insufficient evidence before denying such cases, unless the officer determined that there was no possibility that the benefit requestor could overcome a finding of ineligibility by submitting additional evidence. In 2018, USCIS rescinded this “no possibility” policy and issued guidance stating that officers may deny benefit requests for lack of initial required evidence without first sending an RFE or NOID.

USCIS is returning to the principles of the 2013 policy:

• An officer should generally issue an RFE or NOID if the officer determines there is a possibility the benefit requestor can overcome a finding of ineligibility for the benefit sought by submitting additional evidence.
• Officers should not issue unnecessary RFEs and NOIDs, such as in cases where the officer determines the evidence already submitted establishes eligibility or ineligibility for the benefit sought.
• Provides guidance on when and how officers should issue RFEs and NOIDs and the limited circumstances in which officers may deny a case without first issuing an RFE or NOID.
• Explains timeframes and options for benefit requestors to respond to RFEs and NOIDs.

EAD Validity

Effective immediately upon publication, initial and renewal EADs for eligible adjustment applicants will be valid for two years, instead of one year.

Attorney Jing Feng is a decorated immigration lawyer who has been working in immigration for years. She has notable experience in this domain, and has successfully gained U.S. residency for thousands of her clients. For more consultation on visa preparation, please contact Jing Feng Law Group, PLLC at jfeng@fengvisa.com or 646-288-7129. We look forward to hearing from you!