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

March 29, 2023
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.  

Related News

Controversial USCIS Memo Draws Major H-1B Lawsuit

U.S. Citizenship and Immigration Services (USCIS) released a controversial memo designed to make it difficult (some say “impossible”) for professionals in H-1B status to provide services at the site of their employer’s customers.

USCIS Announces Countries Eligible for the H-2A and H-2B Visa Programs

USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have published the list of countries whose nationals are eligible to receive H-2A and H‑2B visas in 2018 The notice listing the eligible countries was published on Jan. 18, 2018, in the Federal Register. For 2018, Secretary of Homeland Security […]

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 […]