Missed your H-2B Visa deadline? USCIS extends dates for late filings for stay extensions and status changes

Highlights: USCIS extends dates for late fillings for H-2B visa status change and stay extensions

• USCIS has made updates to its policy manual and extended dates for late fillings for change of status and extensions.
• This update aligns with the promise stated in the H-2B Worker Protection Task Force report.
• Workers applying for a subsequent visa or change of immigration status won't be negatively impacted.
• Certain non-immigrants in the country may request for an extension of their admission period.
• They may also change their status to another non-immigrant classification.

 

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USCIS updates policy manual for change of status and stay extensions

The U.S. Citizenship and Immigration Services (USCIS) has announced an update to its Policy Manual, stating that at USCIS's discretion and under certain conditions, a non-immigrant’s failure to file a timely request for a change of status or extension of stay may be excused  if the delay was caused by extraordinary circumstances beyond the petitioner's or applicant's control.

 

Extraordinary circumstances as mentioned by USCIS

USCIS mentions examples of extraordinary circumstances such as not being able to obtain a certified labor condition application or temporary labor certification due to government funding, or where the delay was caused by a slowdown or discontinuation of work involving a strike, lockout, or other labor dispute.

 

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H-2B Worker Protection Task Force report

The modification aligns with the promise stated in the H-2B Worker Protection Task Force report. According to the report, workers applying for a subsequent visa or change of immigration status won't be negatively impacted for staying in the country beyond the specified period of admission given in their Form I-94 due to labor dispute at work.

 

USCIS's role in change of status and extensions of the stay

Although USCIS does not grant visas, it considers requests for change of status and extensions of stay. In general, certain non-immigrants who are in the country and are granted admission for a certain period of time, or their petitioners, may request for an extension of their admission period so that they can carry on with the activities allowed under the non-immigrant classification in which they were admitted.

 

Additionally, if particular conditions are met, certain non-immigrants or their petitioners may attempt to change their status to another non-immigrant classification.

 

USCIS may excuse the failure to file if certain requirements are met

USCIS will not authorize an extension of stay or change of status if a person fails to maintain the previously granted status or where such status is expired before the application or petition filing date.

If certain requirements are met, USCIS may excuse the failure to file before to the expiration of the authorized stay where the person demonstrates that:

• The delay was due to extraordinary circumstances.
• The duration of the wait was appropriate given with the circumstances.
• The person has not violated their non-immigrant status.
• The person is not subject to deportation or removal proceedings in case of extensions of stay.

 

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