On June 9, USCIS announced a series of policy updates which will greatly improve processing times and provide much needed relief to nonimmigrant workers in the U.S. Among these updates, USCIS has clarified the criteria for expedited processing, rescinded a policy memorandum that allowed USCIS to deny petitions outright without issuing an RFE or NOID first, as well as extended the validity period for EADs during the pending I-485 stage.

These policy updates represent a shift towards more favorable immigration policies, which is welcome news for many. In announcing these policy measures, Acting USCIS Director Tracy Renaud stated that these improvements are consistent with the Biden Administration’s “priorities to eliminate unnecessary barriers to our nation’s legal immigration system and reduce burdens on noncitizens who may be eligible for immigration benefits.” Each policy improvement is outlined below:

Expedited Processing:

USCIS updated the expedited processing criteria, providing further guidance on who may be eligible for expedited processing. USCIS has expanded the existing policy to allow nonprofit organizations to request expedited processing for immigration benefits (applications/petitions) when the request is in furtherance of cultural and social interests of the U.S. Notably, qualifying nonprofit organizations will be able to make these requests even if premium processing is available for that particular immigration benefit, which will help reduce costs for nonprofits as premium processing is currently $2500. Eligibility for expedited requests and instructions for applying can be found here.

Improved RFE/NOID Policy:

Next, USCIS announced it is rescinding a July 2018 policy memorandum which allowed USCIS officers to outright deny any immigration application or petition except DACA requests without first issuing an RFE or NOID. In doing so, USCIS is returning to the policy guidance outlined in the 2013 policy memo which instructed officers to issue an RFE or NOID whenever additional evidence could potentially demonstrate eligibility for the benefit sought. This is great news for our clients, as this updated policy will ensure that applicants/petitioners are afforded an opportunity to submit additional evidence or correct innocent mistakes before receiving a decision.

Extended EAD Validity Periods:

Finally, USCIS announced that it is updating policy guidance which will increase the current one-year validity periods on both initial and renewal EADS for certain adjustment of status applicants. When you apply for an EAD with your green card application, the validity period will now be two years for both the initial EAD and any renewal EAD. This is expected to reduce the number of EAD applications USCIS receives, which should allow USCIS to focus on other priority areas. Since we have seen huge delays in EAD processing this year, particularly for H-4 EADS, this policy update should provide much needed relief in this area.

If you have any questions about these policy improvements or how they may impact your particular case, please reach out to an ILBSG attorney today. We are here to help.

EAD Expedited Processing h-1b immigration NOID Nonimmigrant workers RFE