Changes in extension or status in the USA - Arvian Immigration Law Firm

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Status in the USA

Changes in extension or status in the USA

In light of a potential government shutdown, the United States Citizenship and Immigration Services (USCIS) has updated its guidelines on January 25, 2024. The agency will now consider exempting non-residents from the usual requirement to file promptly for extensions of stay or changes of status if the delay is due to extraordinary circumstances beyond their control.

What Qualifies as “Exceptional Circumstances”?

These circumstances include, but are not limited to:

  • Delays or work stoppages caused by strikes, lockdowns, or other labor disputes.
  • Inability to obtain required labor certifications due to a cessation in government funding.

Alignment with H-2B Worker Protection Task Force Report

This policy change aligns with the commitments outlined in the H-2B Worker Protection Task Force report. The report recommends that workers remaining in the U.S. due to labor disputes should not be penalized in future visa or immigration status applications.

Flexibility in Late Filing

While USCIS typically doesn’t approve extensions or changes of status for individuals who have lost their status or filed late, these new guidelines provide a degree of flexibility in specific situations.

Need Help?

If you are residing in the United States and need assistance with immigration matters, our organization offers free consultations