Another update to the policy manual makes the United States Citizenship and Immigration Services (USCIS) official on Wednesday, January 24, 2024.

Now, at the discretion of USCIS and under certain conditions, the agency may excuse a nonimmigrant’s failure to file an application for extension of stay or adjustment of status if the delay was due to extraordinary circumstances over which the applicant or submitter has no control.

According to this update, extraordinary circumstances may include, but are not limited to:

USCIS updates policy regarding two-year foreign residency requirement for J classification as a nonimmigrant

The Policy Manual, Chapter 4, states: USCIS may, in its sole discretion, excuse failure to file an application before the period of authorized status has expired, when the applicant is in the application for extension of stay or modification of the status shows that:

USCIS makes changes to the green card for marriage to obtain residency in the United States

Support for workers on H-2B visas

On its website, USCIS notes that this update to the Policy Manual addresses a commitment made in the H-2B Worker Protection Task Force report.

The report requires the U.S. Department of Homeland Security (DHS) to clarify that an employee who has remained in that country after the expiration of his or her eligibility period, indicated on his Form I-94, is due to an on-site labor dispute. status will not be negatively affected solely for these reasons when applying for a “continuation visa” or a change in immigration status.

The USCIS states that while it does not issue visas, it does review requests for extension of stay and change of status. In general, certain nonimmigrants present in the United States who have been admitted for a specified period of time, or their petitioners, may request an extension of their period of admission in order to continue to participate in the activities permitted under the nonimmigrant -immigrant classification to which they have been admitted.

In addition, certain nonimmigrants present in the United States, or their petitioners, may seek to change their status to another nonimmigrant classification if they meet certain requirements.

They explain in La Nación that “the clarification here is important because USCIS will not approve an extension of stay or change of status for an individual who has not maintained status or when such status has expired before the date of submission of the application.”

However, if certain conditions are met, U.S. Citizenship and Immigration Services may, at its discretion, excuse failure to file while status is maintained or before the period of authorized status expires.

(JO)