USCIS Policy Update on Untimely Filed Requests for Extension of Stay and Change of Status

Policy effect

USCIS updated its Policy Manual guidance to clarify officers' discretionary authority under extraordinary circumstances to excuse a nonimmigrant’s failure to timely file an extension of stay (EOS) or change of status (COS) request before the expiration of authorized stay, explicitly listing examples such as labor disputes, work stoppages, and government funding lapses/shutdowns preventing timely certification of labor condition applications (LCAs).

Conditions and exceptions

Validated condition or limit: USCIS updated its Policy Manual guidance to clarify officers' discretionary authority under extraordinary circumstances to excuse a nonimmigrant’s failure to timely file an extension of stay (EOS) or change of status (COS) request before the expiration of authorized stay, explicitly listing examples such as labor disputes, work stoppages, and government funding lapses/shutdowns preventing timely certification of labor condition applications (LCAs).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 January 24, 2024 PA-2024-02 Policy Alert SUBJECT: Untimely Filed Extensions of Stay and Change of Status Requests Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address when USCIS may, in its discretion, excuse untimely filed extensions of stay and change of status requests. Background Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of … , however, USCIS, in its discretion, may excuse the failure to file before the period of authorized status expired. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies prospectively to applications or petitions filed on or after that date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Provides that USCIS, in its discretion and under certain conditions, may excuse the failure to timely file extensions of stay and change of status requests if the delay was due to extraordinary circumstances beyond the control of the person. • Clarifies that extraordinary circumstances may include but are not limited to: where the delay was due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute; 1 See 8 CFR 214.1(a). See 8 CFR 214.1(c) for general requirements, such as those relating to passport validity and waivers of inadmissibility for an extension of stay. 2 See INA 248. See 8 CFR 248. 3 See 8 CFR 214.1(c)(4) and 8 CFR 248.1(b). To provide feedback on this update, email USCIS at [email protected]. PA-2024-02: Untimely Filed Extensions of Stay and Change of Status Requests Page: 2 or where the primary reason for the late filing is due to a lapse in government funding supporting those adjudications. Summary of Changes Affected Section: Volume 2 > Part A > Chapter 4 > Section A, Extension of Stay or Change of Status • Adds a new italicized subsection “Requirements to Timely File a Request to Extend Stay or Change Status.” USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2024

• 2024-01-29State Department announces domestic H-1B visa renewal pilot
• 2024-02-26DHS adjusts premium processing fees
• 2024-04-01DHS finalizes USCIS fee schedule changes effective April 2024
• 2024-04-08DHS again temporarily increases EAD automatic extension period to 540 days
• 2024-05-26suspension of the employment limitations is available through November 25, 2025
• 2024-06-05DHS and DOJ issue Securing the Border asylum interim final rule
• 2024-06-05Presidential Proclamation 10773 — Securing the Border
• 2024-06-13Employment relief for Ethiopian F-1 students facing severe economic hardship
• 2024-06-13The Secretary is also redesignating Ethiopia for TPS.
• 2024-07-01HHS unaccompanied children foundational rule takes effect
• 2024-08-19DHS implements Keeping Families Together parole-in-place process
• 2024-08-28DHS corrects T nonimmigrant final rule before effective date
• 2024-09-10Extension of Form I-90 Green Card Validity to 36 Months for Renewals
• 2024-10-02EB-1 Extraordinary Ability Evidentiary Criteria Clarification
• 2024-11-07DHS adds Belize to H-2A and H-2B eligible-country lists
• 2024-12-02DHS and DOL add 64,716 H-2B visas for FY2025