U.S. Citizenship and Immigration Services (USCIS) updated the Policy Manual regarding the ability to excuse the failure to timely file an extension of stay or change of status request for certain nonimmigrants under specific circumstances.
The update allows USCIS, under certain conditions and at its discretion, to excuse the failure to file on time if the delay was due to extraordinary circumstances beyond the applicant’s or petitioner’s control.
What are these extraordinary circumstances?
These extraordinary circumstances may include situations such as a slowdown or stoppage of work due to a strike, lockout, or other labor dispute or the inability to obtain necessary certifications due to a lapse in government funding supporting those certifications.
This update is in response to a commitment made in a report by the H-2B Worker Protection Task Force, specifically addressing situations where a worker remains in the United States after the expiration of their period of admission due to a workplace labor dispute.
The update ensures that such individuals will not be negatively affected solely for these reasons when applying for subsequent visas or a change of immigration status.
While USCIS does not issue visas, it adjudicates extension of stay and change of status requests for certain nonimmigrants present in the United States.
Generally, USCIS does not approve these requests if the individual fails to maintain their previously accorded status or if their status expires before the filing date of the application or petition.
However, under certain conditions, USCIS may now excuse such failures to file before the period of authorized stay expires based on the updated policy.
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