USCIS Policy Change: Filing Periods and Response Timeframes ending on weekends or federal holidays.

March 29, 2023
×Close
The USCIS is revising its guidance in the USCIS Policy Manual to deal with scenarios in which the final day for submitting a benefit request or responding to a Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate occurs on a Saturday, Sunday, or a federal holiday. These guidelines will provide applicants with clear instructions on how to determine deadlines in situations where they may encounter difficulties in meeting the deadline. The updated USCIS Policy Manual now provides further clarification that, where the final day for submitting a paper-based benefit request (the last day of a qualifying time period) falls on a Saturday, Sunday, or federal holiday, the USCIS will consider a filing to be timely if it is received by the end of the next business day.  For example, if the H-1B status expiry falls on a weekend, and if the extension petition is received on Monday, USCIS will consider such extension petition as timely filed. Additionally, when the last day of a period to respond by mail to a mailed Request for Evidence or Notice of Intent to Deny, Revoke, Rescind, or Terminate falls on a weekend or federal holiday, USCIS will consider the response to be timely if it is received by the end of the next business day.  
Upcoming Webinars
VIEW ALL

Related News

VIEW ALL
Class Action Lawsuit Seeks to Challenge USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed […]

Remote Work Verification Allowed for New Hires Under DHS Rule

Employers will get a permanent option for verifying employment eligibility remotely beginning Aug. 1 under new Homeland Security Department regulations. The rule was released Friday ahead of the Aug. 30 expiration of temporary, Covid-19 era flexibility for employment verification. Companies that have used that option for the past three years have scrambled in recent weeks to review […]

Supreme Court blocks Trump from ending DACA

The Supreme Court on Thursday blocked the Trump administration’s attempt to end Deferred Action for Childhood Arrivals, an Obama-era program that protects hundreds of thousands of immigrants brought to the US as children from deportation.   The 5-4 ruling was written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, […]