Stories
USCIS Implements Strict New Filing Deadline Rules for Visa and Green Card Applicants
- •New USCIS guidance effective October 23 changes how the agency treats deadlines falling on weekends or federal holidays.
- •The policy removes next-business-day extensions for deadlines tied to substantive eligibility requirements, such as age limits for green card applicants turning 21.
- •H-1B workers whose authorized stay expires on a weekend or holiday can no longer assume a next-business-day filing will preserve their legal status.
- •Qualifying paper submissions calculated in a specified number of days may still be eligible for the next-business-day extension.
- •Online submissions are considered received immediately, meaning applicants must strictly meet the applicable deadlines without weekend extensions.
Key Questions Answered
The revised USCIS guidance changes how the agency treats deadlines falling on weekends or federal holidays, reversing a more flexible approach from 2023. While certain paper submissions calculated in days may still receive a next-business-day extension, deadlines tied directly to substantive eligibility requirements will not automatically move to the next business day.
The updated policy removes next-business-day accommodations for deadlines tied to substantive eligibility requirements such as age limits, which impacts children in immigration petitions and Special Immigrant Juvenile classification seekers. If an applicant turns 21 on a weekend or federal holiday, the deadline will not automatically roll over to the next business day, potentially jeopardizing their eligibility.
An I-94 expiry date marks the end of an authorized period of stay rather than a deadline calculated by counting days. If an H-1B worker's authorized stay ends on a weekend or federal holiday, filing an extension on the next business day will not automatically preserve their status, meaning employers must submit petitions before the expiration date.
