U.S. Citizenship and Immigration Services (USCIS) announced an update to their policy on a nonimmigrant’s untimely filed change of status or an extension of stay request when extraordinary conditions exist. USCIS stated, at their discretion, they may excuse these delays.

The types of extraordinary delays noted include a labor dispute, whether a slowdown, stoppage, or strike, or when a labor condition application or temporary certification is unavailable due to government processing limitations. Although these examples are noted, this is not a complete list. The updated policy is in response to the H-2B Worker Protection Task Force report.

USCIS adjudicates extension of stay and change of status requests. In general, they do not approve untimely filed requests. However, this update provides discretion to USCIS when circumstances prevent the individual from timely filing their request. Of course, ILBSG strongly suggests maintaining status and filing timely for all change of status or extension of stay and work with our clients to ensure they remain in compliance.

If you have questions about a change of status or extension of stay request, or any other U.S. immigration related issue, contact us. We work with our clients in their particular situations to ensure they get the right advice and remain in compliance.

Change of Status Extension of Stay USCIS