From CLINIC: USCIS to extend certain work permits, among other changes

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USCIS has announced updates to the USCIS Policy Manual to extend Employment Authorization Document, or EAD, validity in certain cases; revert to previous policies regarding Requests for Evidence, or RFEs, and Notices of Intent to Deny, or NOIDs; and change policies regarding expedited processing.

EAD Validity

For adjustment of status applicants under INA § 245, the current one-year validity of both initial and renewal EADs has been extended to two years. USCIS made this change due to the ongoing processing delays affecting adjustment of status applications. This change is effective immediately.

Requests for Evidence and Notices of Intent to Deny

USCIS is rescinding a July 2018 memo and reverting to the guidance in a June 2013 memo regarding issuance of RFEs and NOIDs. Officers are now instructed to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. The rescinded guidance allowed officers to deny certain benefit requests without first issuing an RFE or NOID. This change is effective immediately.

Expedited Processing

USCIS has updated its expedite criteria policy to clarify the circumstances under which it will approve expedited processing requests and has restored the expedite category for nonprofit organizations whose request is in furtherance of the cultural and social interests of the United States. The policy also states that expedited processing of benefit requests for noncitizens with final orders of removal or noncitizens in removal proceedings is coordinated between USCIS and U.S. Immigration and Customs Enforcement, or ICE.

The information in this post provided by CLINIC (Catholic Legal Immigration Network, Inc.)