USCIS has announced they plan extend Employment Authorization Document validity in certain cases and will revert to previous policies regarding Requests for Evidence, or RFEs, and Notices of Intent to Deny, or NOIDs. All of this is good news.
For adjustment of status applicants, 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. This is great news but let’s face it, it is only necessary because USCIS can’t adjudicate their applications on time.
Requests for Evidence and Notices of Intent to Deny
USCIS is rescinding a July 2018 memo and now officers are instructed to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. The old guidance that was issued under the previous President allowed officers to deny certain benefit requests without first issuing an RFE or NOID. This resulted in many cases being denied and a lot of money lost, simply because the applicants didn’t send in the right document. It was stupid. Thankfully this is being changed and is effective immediately.