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U.S. Citizenship and Immigration Services (USCIS) released an announcement today reiterating legal requirements for applying for an extension or change of status and reminding applicants of its discretionary authority to excuse late filings. The agency did not announce any new policies or measures to provide flexibility to foreign nationals who are unable to depart the U.S. upon expiration of their status due to the COVID-19 emergency.
Key Points:
BAL Analysis: USCIS has provided a reminder to employers and applicants of requirements to file an extension or change of status, and its existing authority to excuse late filings on a case-by-case basis. The announcement also clarifies that VWP entrants may request satisfactory departure, but does not provide guidance for work-authorized nonimmigrants who are in the U.S. and do not have the option to apply for EOS or COS. The most up-to-date information about USCIS’s response to the COVID-19 pandemic can be found on the agency’s website.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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