Policy updates: Expedited processing clarifications; No denial without RFE; Some EADs will be issued for two years

On June 9, 2021, USCIS issued policy updates to improve the immigration system. Improvements are expected to continue under the Biden administration. USCIS is committed to modernizing the immigration system and operating it in a fair, efficient, and humane manner.

Expedited Processing

USCIS provided further guidance on when expedited processing may be warranted. Please see our post regarding current trends: Expediting a Pending I-765 EAD

Requests for Evidence and Notices of Intent to Deny

USCIS is returning to the adjudicating standards of pre-Trump era of issuing issuing an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. This updated policy will ensure that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions.

Employment Authorization Document

EADs (both initial and renewal) are now valid for two years instead of one years for some adjustment of status applicants.