Amidst COVID-19 crisis, US Immigration relaxes RFE, NOID timelines

COVID-19 crisis considered for revised RFE, NOID deadlines

USCIS RFE NOID time waiveR

The US Immigration has made an important announcement lately. It’s about an extension in the response time given to those who have received RFEs and NOIDsdated between March 1 and May 1, 2020.

The relaxation allows an applicant to submit a response within 60 calendar days past the deadline given in the RFE or NOID. Any such response will be considered by US Citizenship and Immigration Services (USCIS) before any action is taken. The decision towards this step was taken considering the impact of the COVID-19 pandemic.

USCIS adopts several measures including RFE and NOID to safeguard the US workforce and community. These steps minimize the consequences of immigration for those seeking immigration benefits during this time.

What isRequest for Evidence (RFE)?

For foreign workers to be able to work in the USA, a temporary non-immigrant work-based visa is issued called the H1B visa. To be eligible for the visa, an employer from the US must offer a job to the applicant. The applicant must submit many proofs including qualifications and experience. To take a call on an application, the US Immigration could ask for more evidence and documents.

An RFE is issued to the applicant to this effect. It is for the applicant to respond to the RFE with clarity and effectiveness. The submission of necessary evidence and additional documents must be done within 90 days in the normal course.

The assistance of a legal professional is advised for submitting a response to the RFE.

What is Notice of Intent to Deny (NOID)?

The USCIS may issue a NOID to communicate their unacceptance of an application. This would be owing to a lack of evidence or insufficient clarity. The concerns of the USCIS are expressed in the NOID. The applicant must use the opportunity to clarify himself/herself and convince the authorities to grant the visa. The time stipulated for a response to the NOID is 30 days in the normal course.

If you are looking to Study, Work, Visit, Invest or Migrate to the USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Anshul Singhal

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