The Department of Homeland Security (DHS) recognized the implications on nonimmigrants whose statuses are at risk of expiration and may face challenges to returning to their home countries as a result of the coronavirus pandemic (COVID-19). On April 13, 2020, USCIS released an article discussing the options nonimmigrants have under current regulations.

USCIS detailed a number of options available for nonimmigrants who are unable to return to their home countries because of this pandemic:

Apply for an Extension. Nonimmigrants may reduce the consequences of COVID-19 by timely filing an application for an Extension of Stay (EOS) or change in status (COS). USCIS will continue to accept and process these applications and petitions during this time to help nonimmigrants receive timely adjudications.

Timely Filed. So long as nonimmigrants timely file their EOS/COS and that filing is non-frivolous, they will not accrue unlawful presence. When it is applicable, employment authorizations with the same employer, subject to the same terms and conditions of their prior approval, will be automatically extended for up to 240 days after I-94 expiration when the extension of stay request is filed.

Flexibility for Late Applications. If a nonimmigrant has an extraordinary circumstance (those out of the petitioner’s control) resulting in a late filing of an EOS/COS, USCIS may exercise its discretionary authority to consider such late filings. The length of delay must relate to the circumstances. In these cases, USCIS requires the submission of credible evidence to support these requests to consider these late filings to be decided on a case-by-case basis.

Visa Waiver Programs. Lastly, Visa Waiver Programs (VWP) may be granted under current regulations for emergencies (such as being caused by COVID-19), a period of 30 days of satisfactory departure. Those unable to depart within this 30-day period of satisfactory departure, may be granted an additional 30-day period of satisfactory departure under USCIS’s discretion.

If you or someone you know may have issues regarding the expiration of a nonimmigrant visa, please contact your attorney or ILBSG for assistance.

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