USCIS Updates Guidance on Late-Filed Extensions of Stay and Change of Status Applications

U.S. Citizenship and Immigration Services today announced an update to its Policy Manual providing that USCIS, in its discretion, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner. 

The update 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, or where the primary reason for the late filing is the inability to obtain a certified labor condition application or temporary labor certification due to a lapse in government funding supporting those certifications. 

Typically, USCIS does not grant an extension of stay or change of status for individuals who have not upheld their previously granted status or whose status expired prior to the application or petition filing date. If certain conditions are met, however, USCIS, in its discretion, may excuse the failure to file before the period of authorized stay expired.