Missed your H-2B Visa deadline? USCIS extends dates for late filings for stay extensions and status changes

Highlights: USCIS announced plans to extend the dates for visa filings!

• The USCIS announced changes to the Policy Manual on January 24, 2024.
• As per the updates, the USCIS will extend the dates for late filings of H-2B visa applications.
• Delayed requests for change of status, late filing of applications and visa extensions will only be accepted under extraordinary circumstances.
• The update in the Policy Manual directs to the H-2B Worker Protection Task Force commitment.

 

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Updates released on failure to submit the H-2B non-immigrant application!

The H-2B non-immigrant program allows employers to hire workers in non-agricultural services temporarily. The job contract usually lasts a specific period based on intermittent, seasonal, or one-time requirements.

The U.S. Citizenship and Immigration Services (USCIS) recently announced updates to the Policy Manual, wherein the failure of application filing of non-immigrant applications will only be accepted under “extraordinary circumstances.”

 

The extraordinary circumstances can include:

• Slowdown or stoppage of work due to a strike
• Slowdown or stoppage of work due to a lockout
• Slowdown or stoppage of work due to labour dispute
• Failure to acquire a certified labour condition application or a temporary labour certification

 

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H-2B Worker Protection Task Force Report

The Task Force Report for the H-2B Worker Protection is a detailed report of initiatives that the Taskforce agencies will take to safeguard and protect the H-2B workers. The H-2B worker rights, equality in wage distribution and ensuring good working conditions will be taken care of via the initiatives.

 

The update in the Policy Manual addresses a liability made in the H-2B Worker Protection Report. As per the Report, the DHS needs to clarify that a worker who has remained in the U.S. after the expiration of their specified timeline in Form I-94, owing to a dispute at the workplace, will have no negative impact while applying for a change of immigration status or a subsequent visa application.

 

Some of the actions that the non-immigrants can take are as follows:

• Certain non-immigrants in the U.S. who are registered for a given period can request to extend their admission period.
• Certain non-immigrants can request to change their immigrant status to another category or classification, provided they meet the required eligibility.

 

 

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For recent Immigration updates, do check out: Y-Axis Immigration news

 

H-2B visa quota exhausted for the first half of fiscal year 2024, what now?

 

Also Read:  How to get U.S. Green Card with National Interest Waiver?
Web Story:  Missed your H-2B Visa deadline? USCIS extends dates for late filings for stay extensions and status changes