On January 24, 2024, the United States Citizenship and Immigration Services (USCIS) clarified its policy on how the agency decides on extension of stay or change of status requests.
Nonimmigrants in the United States may file a request to extend their stay or change to another nonimmigrant classification as long as they maintain their status and file before the expiration of their status. If the request is filed after the applicant’s status has expired, the USCIS generally denies the application.
However, if a nonimmigrant applicant was forced to file late due to extraordinary circumstances outside of their control, the USCIS may consider these conditions and excuse the late filing. Such circumstances may include delays caused by an interruption of an applicant’s work due to a strike, lockout or other workplace labor issue, or if the applicant is unable to obtain a temporary labor certification due to government processing issues.
If you believe your request was impacted by the above circumstances and if you have questions about requesting to extend your stay or change status, or any other immigration matter, please do not hesitate to contact KILO Immigration by filling out this contact form.