USCIS Updates Guidance on Flexibilities Available in Emergencies or Unforeseen Circumstances

USCIS updated its Policy Manual to clarify flexibilities that may be available to applicants requesting immigration benefits while facing an emergency or unforeseen circumstance. The update explains that during certain emergencies the Agency may exercise its discretion to implement flexibilities relating to requests for extension of stay and change of status; applications for employment authorization; requests for document replacement; abandonment or failure to respond to requests for evidence; fee waivers; expedited processing; and satisfactory departure. 

Emergencies and unforeseen circumstances may include:

• Natural disasters (for example, hurricanes, wildfires, or other severe weather);

• National emergencies (for example, public health emergencies); 

• Conflicts abroad; or 

• Other unforeseen circumstances (for example, terrorist attacks, mass shootings, or cyber-attacks) that may present unanticipated challenges.  

For example, the Agency may exercise its discretion for certain students and:  

• Suspend limitations on employment, authorize off-campus work, or a reduced course load;

• Permit students who fail to maintain their F-1 or M-1 nonimmigrant status to apply for reinstatement to student status if otherwise eligible;

• Allow exchange visitors who fail to maintain their J-1 nonimmigrant status to request reinstatement under U.S. Department of State regulations; and

• If otherwise eligible, qualify F-1 students experiencing severe economic hardship for off-campus employment authorization or other relief.
  

Link: Chapter 2 - Emergencies or Unforeseen Circumstances-Related Flexibilities | USCIS