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USCIS Updates Coverage Concerning Extension of Keep and Change of Standing Requests

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U.S. Citizenship and Immigration Companies (USCIS) has introduced a major replace to its Coverage Handbook relating to nonimmigrant extension of keep and alter of standing requests.

This replace, issued as we speak, introduces a provision permitting USCIS to excuse delays in submitting these requests below sure situations if the delay stems from extraordinary circumstances past the applicant or petitioner’s management.

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Key Factors of the New Coverage

The revised Coverage Handbook specifies that “extraordinary circumstances” might embody numerous conditions, together with however not restricted to:

Office Disputes: Situations the place delays are attributable to a slowdown, stoppage of labor, strike, lockout, or different labour disputes.

Authorities Certification: Delays ensuing from the lack to acquire an authorized labour situation software or short-term labour certification attributable to a lapse in authorities funding supporting these certifications.

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USCIS might excuse late submitting of extension of keep or change of standing requests for H-2B staff below sure circumstances.

This coverage change fulfils a dedication made within the H-2B Employee Safety Job Drive report.

It goals to guard staff from dealing with unfavourable penalties in future visa or standing functions solely attributable to labour dispute involvement.

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USCIS clarifies its function: Whereas visa issuance stays with the Division of State, USCIS adjudicates extension and standing change requests for nonimmigrants like H-2B staff.

The overall coverage stays: Well timed submitting remains to be inspired, and late functions face disapproval except extenuating circumstances apply.

Affect On H-2B Employees

This coverage replace offers reduction for H-2B staff who confronted unexpected obstacles in sustaining their authorized standing attributable to labour disputes. They’ll now probably search leniency in the event that they meet the desired standards. It additionally signifies a dedication to defending employee rights and guaranteeing truthful remedy throughout the immigration system.

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USCIS’s Position and Processes

Whereas USCIS doesn’t deal with visa issuance, it does adjudicate extension of keep and alter of standing requests. Nonimmigrants within the U.S. are admitted for a specified interval, or their petitioners can request an extension to proceed actions permitted below their nonimmigrant classification.

Equally, sure people or their petitioners might search to modify to a different nonimmigrant classification in the event that they meet particular necessities.

USCIS Discretion and Situations

Underneath regular circumstances, USCIS doesn’t approve extension of keep or change of standing requests for people who failed to keep up their beforehand accorded standing or whose standing expired earlier than the appliance or petition submitting date.

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Nevertheless, the replace emphasizes that USCIS, at its discretion, might excuse such failures to file earlier than the approved keep interval expires, given sure situations are met.

This replace displays USCIS’s dedication to making sure equity and suppleness throughout the immigration system, significantly in gentle of unexpected challenges past people’ management. It goals to supply reduction to these dealing with real hardships whereas sustaining the integrity of immigration processes.


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