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