Missed your H-2B Visa deadline? USCIS extends dates for late filings for stay extensions and status changes

Highlights: USCIS updated the H-2B visa extended date for filing of stay extension and status change

• USCIS will excuse the non-immigrant failure to file the extending visa on genuine criteria.
• The reasons can be classified as extraordinary circumstances such as strikes, lockdowns, etc.
• The criteria are submitting a report showing that the worker still staying in the U.S. after the visa expiration couldn't file a new visa because of inability to obtain a certified labour condition application.
• USCIS doesn't issue visas; they change the extension of stay and change of status requests

 

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Details of issuing H-2B visa extension:

Certain non-immigrants in the United States admitted for a specific period can extend their stay for a certain period to continue in those unfinished activities in certain extraordinary circumstances.

The extraordinary circumstances can be a strike, lockout, or other labour or where the primary reason for late filing is the inability to obtain a certified labour condition application or temporary labour certification due to a lapse in government funding supporting those certifications and other genuine restrictions that has stopped the process of filing an extension.

 

As the extraordinary circumstances further clarify, the report must confirm DHS clarification that the worker who has remained in the United States after the expiration of their period can be identified through the FORM I-94 and will show the reason as a workplace labour dispute. This reason won't negatively affect the labour, and later on, they can apply for "a subsequent visa" or a change of immigration status.

 

USCIS doesn't issue a visa; instead, it adjusts the extension of stay and change of status request. So USCIS will help the workers file their petition after they justify their extraordinary circumstance, or they will help change their status to another non-immigrant classification.

 

USCIS does not approve an extension of stay or change of status for a person who failed to maintain the previously accorded status or where such status expired before the filing date of the application or petition.

 

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Web Story:  Did you miss your H-2B Visa deadline? USCIS extends dates for late filings for stay extensions and status changes