United States Citizenship and Immigration Service, USCIS has introduced a new policy that allows USCIS to
excuse delays in filing H-2B nonimmigrant extension of stay or change of status
requests due to extraordinary circumstances beyond their control.
With the new policy released today, USCIS will be able to pardon delays under specific situations if the applicant or petitioner is the victim of unusual circumstances beyond their control.
The updated Policy Manual describes "extraordinary
circumstances" that include labour conflicts, strikes, lockouts, or
government certification failures that could delay processing
visa applications. Under some conditions, USCIS may accept late submissions of
requests for H-2B workers to modify their status or request an extension of
stay. This adjustment is meant to shield employees from unfavourable outcomes
when applying for a visa or status in the future because they were involved in
a labour dispute. To make its position more clear, USCIS states that
while it considers requests for status changes and extensions for nonimmigrants
such as H-2B workers, the Department of State still issues visas. Applications
submitted after the deadline will not be approved unless there are special
reasons.
The updated policy offers leniency to H-2B workers who have
faced labour disputes and are struggling to maintain their legal status. The
policy allows them to request leniency if they meet certain requirements. The
report also emphasizes fair treatment for workers within the immigration system
and worker rights. Nonimmigrants can continue their activities under their
classification or switch to another nonimmigrant classification if they meet
certain requirements. If a person fails to maintain their status or expires
before the filing date, USCIS typically does not accept extensions or changes.
However, if certain requirements are met, the agency may overlook a failure to
file before the end of the permitted stay period.
Share this:
Post a Comment