The Department of Homeland Security
(DHS) recognizes that there are immigration-related challenges as a direct
result of the coronavirus (COVID-19) pandemic. We continue to carefully analyze
these issues and to leverage our resources to effectively address these
challenges within our existing authorities. DHS also continues to take action
to protect the American people and our communities, and is considering a number
of policies and procedures to improve the employment opportunities of U.S.
workers during this pandemic.
Generally, nonimmigrants must depart
the United States before their authorized period of admission expires. However,
we recognize that nonimmigrants may unexpectedly remain in the United States
beyond their authorized period of stay due to COVID-19. Should this occur, the
following options are available for nonimmigrants:
Apply
for an Extension. Most nonimmigrants can
mitigate the immigration consequences of COVID-19 by timely filing an
application for extension of stay (EOS) or change in status (COS). U.S.
Citizenship and Immigration Services continues to accept and process
applications and petitions, and many of our forms are available for online
filing.
If
You File in a Timely Manner. Nonimmigrants
generally do not accrue unlawful presence while the timely-filed, non-frivolous
EOS/COS application is pending. Where applicable, employment
authorization with the same employer, subject to the same terms and conditions
of the prior approval, is automatically extended for up to 240 days after I-94
expiration when an extension of stay request is filed on time.
Flexibility
for Late Applications. USCIS
reminds petitioners and applicants that it can consider delays caused by the
COVID-19 pandemic when deciding whether to excuse delays in filing documents
based on extraordinary circumstances.
Under
current regulations and as noted on our Special Situations page,
if a petitioner or applicant files an extension of stay or change of status
request (on Forms I-129 or I-539) after the authorized period of admission
expires, USCIS, in its discretion, may excuse the failure to file on time if it
was due to extraordinary circumstances beyond their control, such as those that
may be caused by COVID-19. The length of delay must be commensurate with the
circumstances. The petitioner or applicant must submit credible evidence to
support their request, which USCIS will evaluate on a case-by-case basis. These
special situations have been used at various times in the past, including for
natural disasters and similar crises.
Please
see 8 CFR 214.1(c)(4) and 8 CFR 248.1(c) for
additional information on late requests to extend or change status. In
addition, please see our Form I-129 and Form I-539 pages for
specific filing and eligibility requirements for extensions of stay and changes
of status.
Flexibility
for Visa Waiver Entrants. Visa
Waiver Program (VWP) entrants are not eligible to extend their stay or change
status. However, under current regulations, if an emergency (such as COVID-19)
prevents the departure of a VWP entrant, USCIS in its discretion may grant a
period of satisfactory departure for up to 30 days. Please see 8 CFR 217.3(a). For
those VWP entrants already granted satisfactory departure and unable to depart
within this 30-day period because of COVID-19 related issues, USCIS has the
authority to temporarily provide an additional 30-day period of satisfactory
departure. To request satisfactory departure from USCIS, a VWP entrant should
call the USCIS Contact Center.
For other
policy updates, operational changes, and other COVID-19 information, please
visit uscis.gov/coronavirus.
For more information contact us at http://www.beverlyhillsimmigrationlaw.com/
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