![]() Visa Waiver Program (VWP) entrants are not eligible to extend their stay 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.įlexibility for Visa Waiver Entrants. 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. These special situations have been used at various times in the past, including for natural disasters and similar crises. The petitioner or applicant must submit credible evidence to support their request, which USCIS will evaluate on a case-by-case basis. The length of delay must be commensurate with the 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. 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. 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.įlexibility for Late Applications. ![]() Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Citizenship and Immigration Services continues to accept and process applications and petitions, and many of our forms are available for online filing. 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). Should this occur, the following options are available for nonimmigrants:Īpply for an Extension. However, we recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19. Generally, nonimmigrants must depart the United States before their authorized period of admission expires. 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. ![]() We continue to carefully analyze these issues and to leverage our resources to effectively address these challenges within our existing authorities. The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. ![]()
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