USCIS Declines to Offer Flexibility for Foreign Nationals Requiring Changes or Extensions of Status

/

USCIS has released an announcement reaffirming their procedures to apply for an extension of stay (EOS), or change of status (COS) without offering any new provisions for those foreign nationals who are forced to remain in the US due to the COVID-19 pandemic. Various immigrant advocacy groups have been urging USCIS to provide some flexibility on these issues due to the impact the pandemic is having on some foreign nationals’ ability to depart the US.

However, this announcement indicates that USCIS has declined to offer any new provisions other than those that already exist.  As a result, roreign nationals are still required to either depart the US, file an EOS, or file a COS, before their authorized period of admission expires or risk falling out of status.

Extending Status During the COVID-19 Emergency

Current USCIS regulations allow the following options for individuals whose immigration status is about to expire:

  • Timely Filed Extensions and Automatic Extension of Work Authorization: Nonimmigrant beneficiaries in H-1B, L-1, O-1, TN, and certain other classifications receive an automatic extension of work authorization for up to 240 days. 

  • Discretionary Relief for Late-Filed Extensions: USCIS has the discretion to accept and consider delayed EOS or COS requests, that are filed after the authorized period of admission expires, known as a nunc-pro-tunc extension. The requests will be reviewed on a case-by-case basis and delayed filings must be due to extraordinary circumstances beyond the beneficiary’s control and must be supported by credible evidence. USCIS has acknowledged that COVID-19 may support a special situation. 

  • Discretionary Relief for Visa Waiver Program (VWP) Travelers: Travelers entering the US using the VWP are generally not eligible to request an EOS or COS. VWP travelers who are unable to depart the US prior to their 90-day period of admission ends may request “Satisfactory Departure” relief for up to 30 days. Credible evidence must be presented to demonstrate why they are unable to depart the US. This is a discretionary relief and can be requested multiple times. 

Questions?

If you have any additional questions about how these issues impact you, please contact your Ellis Porter attorney and we will be happy to provide further clarification and assistance.