USCIS Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is once again extending the flexibilities it originally announced on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended to March 26, 2022, to assist applicants, petitioners, and requestors who are responding to:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers;

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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H-1B Salary Based Selection Process Final Rule is Officially Withdrawn

United States Citizenship and Immigration Services (“USCIS”) has announced that the January 2021 final rule modifying the H-1B selection process has officially been withdrawn by The Department of Homeland Security (“DHS”). This rule would have eliminated the random selection process known as the H-1B visa lottery, and replaced it with a process prioritizing those foreign nationals who are offered the highest salaries relative to their occupation and geographic area according to the Department of Labor’s (“DOL”) prevailing wage system.

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USCIS Announces Temporary Waiver of Sixty-Day Rule for Civil Surgeon Signatures

On December 9, 2021, United States Citizenship and Immigration Services (“USCIS”) published a policy alert [https://www.uscis.gov/newsroom/alerts/uscis-temporarily-waiving-60-day-rule-for-civil-surgeon-signatures] temporarily waiving the requirement for civil surgeons to sign Form I-693, Report of Medical Examination and Vaccination Record, no more than sixty days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status). This rule will remain in effect until September 30, 2022. This measure allows foreign nationals, with otherwise valid I-693s, to complete the application process without having to submit to further immigration medical examinations, even if the civil surgeon signed their I-693 more than sixty days before they file their application with USCIS.

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