Next Business Day Allowance for Weekend/Holiday Deadline Filings


By Paul Szeto LLC

On 3/29/2023, USCIS issued guidance extending paper-based application filing deadlines to the next business day if the deadline falls on a Saturday, Sunday, or federal holiday. 

Many immigration applications are subject to strict filing period requirements.  For example, a Motion to Reopen must generally be filed within 30 days from the date of an adverse decision. Applications filed after or outside the filing periods will be rejected or denied.   For many years, USCIS will require such applications be received by USCIS on or before the deadline, regardless of whether the deadline falls on a weekend or holiday.  

The new policy has changed this practice, explaining that USCIS will consider a paper-based filing timely if received by the end of the next business day if the filing deadline falls on Saturday, Sunday, or federal holiday.  

The new policy will also apply to responses to Requests for Evidence and Notices of Intent to Deny, Revoke, Rescind, or Terminate. It should be noted that electronic filings are not covered by this guidance. It should be noted that only federal holidays are covered by the new policy.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit to schedule a legal consultation.)  


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