U.S. Citizenship and Immigration Services announced an update to its Policy Manual providing that USCIS, in its discretion and under certain conditions, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner. The update (PDF, 312.15 KB) 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 other labor dispute, or where the primary reason for the late filing is the inability to obtain a certified labor condition application or temporary labor certification due to a lapse in government funding supporting those certifications. It also appears that this may help those that have gone past the 60 days grace period allowed for individuals in H-1B status argue that the delay in filing a timely petition was beyond their control.
