USCIS is prepared for a possible government shutdown and making corrections for late filing of documentation to renew or alter your status in the United States.
On January 25, 2024, USCIS updated its guidelines, allowing it to exempt a non-resident from the obligation to apply for an extension of stay or change of status promptly if the delay was caused by exceptional circumstances beyond the applicant’s or petitioner’s control.
In its update, USCIS specifies that exceptional circumstances may include, but are not limited to, situations where the delay was caused by a delay or termination of work due to a strike, lockdown, or other labor dispute, or where the primary reason for the late submission is the inability to obtain a certified labor condition application or temporary labor certification due to a cessation in government funding.
Changes in USCIS policy are in reaction to the commitments made in the H-2B Worker Protection Task Force report. The report requires DHS to clarify that if a worker remains in the United States after the period specified in the I-94 form has expired due to a labor dispute, he will not be adversely affected if he submits a future application for a visa or a change of immigration status (obtaining a Green Card).
USCIS does not accept extensions or changes of status for individuals who have been unable to maintain their status in the United States or whose status expired prior to the date of the application or petition. However, in some instances, USCIS may waive responsibility for late filing.
Those residing in the United States may contact our organization to schedule a complimentary consultation.