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On January 24, the U.S. Citizenship and Immigration Services (USCIS) issued a major policy update regarding waivers for nonimmigrants who fail to file an application for an extension or change of status in a timely manner due to exceptional circumstances. The policy clarifies that USCIS has the discretion to excuse failure to file an application in a timely manner under the premise of force majeure.
Normally, the applicant is required to submit an application for extension or change of status to the USCIS before the expiration of the original status, and if the original status has expired at the time of submission, the USCIS will reject the application on the grounds of "failure to submit the application in time".
So what is force majeure?
Reasons why USCIS may be acceptable include, but are not limited to:
slowing down or halting of work due to strikes, lockouts, or other labor disputes;
or due to the suspension of the relevant department that adjudicates the award, resulting in the inability to obtain labor certification or temporary labor certification in time.
For applicants who meet the above reasons, the USCIS will have the discretion to accommodate the failure to submit the application in time before the expiration of the status and relax the time limit for the applicant.
USCIS will generally not grant extensions or changes of status for people who fail to maintain previously approved status or whose status has expired prior to the filing date of the application.
Hopefully, this policy interpretation will help you better understand the latest changes in U.S. immigration policy. If you need any help with U.S. immigration, please feel free to contact us.
I'm Pan Pan, a senior immigration specialist.