Updated USCIS Guidance on Untimely Filed Extensions of Stay and Change of Status Requests

On January 24, 2024, USCIS issued updated policy guidance to address when USCIS may excuse untimely filed extensions of stay and change of status requests.

The guidance reminds employers and employees that USCIS generally does not approve an extension of immigration status or change of immigration status when the status expired before the filing date of the application or petition. However, if certain conditions are met, USCIS does have the discretion to excuse the failure to file a timely extension or change of status request.

Policy Highlights:

USCIS explains in the updated policy guidance that:

• USCIS, in its discretion and under certain conditions, may excuse the late extension or change of status if the delay was due to "extraordinary circumstances beyond the control of the person."

In the policy guidance, USCIS offers examples of extraordinary circumstances that could cause a late filing, by specifically listing the examples of scenarios that may directly impact employers and their employees, causing late filings. USCIS states the following examples:

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 due to a lapse in government funding.

Insights:

This updated policy guidance is among several recent policy guidance memos released by the government agency, seeking to clarify to internal adjudicating immigration officers, and employers and employees filing immigration petitions and applications, case processing expectations and standards used in making decisions on cases. As in similar recent policy guidance issued by the agency, this policy guidance seeks to clarify case processing standards introducing facts, scenarios, and specific examples, further assisting individuals filing immigration petitions and applications.