January 31, 2024

USCIS Updates Policy Manual on Untimely Filed Extensions and Change of Status Requests

The United States Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual concerning untimely filed extensions of stay and change of status requests.

Generally, certain foreign nationals who are admitted to the United States as nonimmigrants for a specific period of time may file a Form I-539, Application to Extend/ Change Nonimmigrant Status in order to continue to engage in the activities to which they were admitted. An example of this request is a B-1/ B-2 nonimmigrant visa who was admitted to the United States for six (6) months may request to extend their stay for an additional 6 months. Certain foreign nationals may also request to change their status to another nonimmigrant category if they meet certain criteria. An example of this request is somebody who studied in the United States as a student under an F-1 visa and later accepted a job offer and who in turn changed their status to an H-1B Specialty Occupation.

Normally, USCIS will not approve an extension or change of nonimmigrant status to applicants who do not timely file (i.e. filing after their period of lawful admission has expired). In certain situations however, USCIS, in its discretion, may excuse the failure to timely file before the period of authorized stay has expired.

The updated guidance contained in the policy manual includes the following highlights:

Provides that USCIS, in its discretion and under certain conditions, excuse the failure to timely file an extension or change of status if the delay was due to circumstances beyond the foreign national’s control.
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 another labor dispute; or where the primary reason for the delayed filing is due to a lapse in government funding supporting those adjudications.

For more information, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
YouTube: @EnterlineAndPartnersConsulting
Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa, Non-immigrant Visa

Tags: adjustment of status, lawful presence, USCIS Policy, visa extension

David Enterline speaks at IIUSA EB-5 Event in East Asia

What is a Form I-129F? Petition for Alien Fiancé Explained

What Is An Alien Registration Number And What Is It For?

What Does A 214(b) Refusal Mean in U.S. Immigration Law?

our services

contact us today for more information

Latest News

What Is Capital In The RIA?

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated. Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed into, the business. Capital can also be assets held in trust for the investor, provided the investor has unrestricted access to them. This guarantees that the funds are accessible for investment purposes and job creation. Capital must be evaluated using Generally Accepted Accounting Principles (GAAP) or other SEC-adopted standard accounting procedures at the time of investment, at fair market value in U.S. dollars. This guarantees uniformity and openness in the investment’s appraisal. The definition of capital excludes several types of assets: However, Capital invested in a business with a buyback option may still qualify if the option can only be

David Enterline speaks at IIUSA EB-5 Event in East Asia

Enterline and Partners Managing Partner David Enterline served as Panel Moderator for the IIUSA 2025 Passport Series: East Asia event held in October this year. He moderated the panel “How to Evaluate and Select the Right EB-5 Project for Investors”. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members are responsible for the large majority of capital investment and job creation in the U.S. from foreign nationals investing and immigrating to the U.S. via the EB-5 Immigrant Investor Program. David has been an active member of IIUSA since 2009. The panel consisted of experienced EB-5 stakeholders including Regional Center representatives, EB-5 lawyers and third-party promoters from various markets. The panelists shared their knowledge, insight and thoughts on key factors when considering an EB-5 project to invest in. If you are considering the EB-5 route to immigrate to the U.S. and

What is a Form I-129F? Petition for Alien Fiancé Explained

A Form I-129F is a Petition for Alien Fiancé(e) filed through the United States Citizenship and Immigration Services (“USCIS”). The form can only be filed by a U.S. citizen ages twenty-one (21) and above. Non-US citizens including lawful permanent residents are not able to petition a foreign fiancé(e). Form I-129F Requirements Before a U.S. citizen can file for his or her foreign fiance, they must have accomplished the following: How Much is the Form I-129F Petition Filing Fee? The current filing fee for a Form I-129F Petition is US$675. This fee is payable to the U.S. Department of Homeland Security with a credit card by using a Form G-1450 or ACH transitions with a Form G-1650. When is the Best Time to Submit a Form I-129F Petition? A Form I-129F Petition can be submitted at any time throughout the year. Once the petition is received by USCIS, it will be

USCIS Updates Policy Manual on Untimely Filed Extensions and Change of Status Requests

CATEGORY

contact us today for more information

Latest News