USCIS Explains the 60-Day Rule to Extend Immigration Status

USCIS 60-Day Rule provides grace period

USCIS considers unforeseen circumstances

Students can apply for employment

The US Citizenship and Immigration Services (USCIS) recently clarified a key rule that benefits nonimmigrant workers in the United States by establishing a 60-day grace period allowing them to maintain legal status under certain extraordinary circumstances.

According to the agency, migrants with work visas have a 60-day window after the expiration of their immigration permit to file an extension or adjustment of status request, or to apply for employment authorization under “compelling circumstances.”

This period aims to prevent the immediate deportation of those facing delays or unforeseen situations beyond their control, according to La Nación.

USCIS 60-day rule for nonimmigrant workers

USCIS Explains the 60-Day Rule to Extend Immigration Status – Photo Shutterstock

USCIS emphasized that if a worker does not take action within that period, they must leave the country within 60 days or by the end of their authorized stay—whichever comes first.

The rule offers flexibility for those experiencing unforeseen events that delay their immigration procedures.

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Additionally, applicants who submit their requests during the grace period may legally remain in the country while USCIS reviews their case.

This applies both to holders of work visas and to those seeking a change of status or temporary work authorization.

What unforeseen circumstances are covered?

Photo: Shutterstock

The agency identified several exceptional conditions that may justify delays in filing an extension or adjustment of status.

These include natural disasters—such as hurricanes or wildfires—national emergencies, public health crises, severe illness, or international conflicts directly affecting the applicant or their ability to meet filing deadlines.

USCIS may also grant this grace period to a petitioner if the delay is deemed reasonable and justified, enabling them to continue seeking employment in the United States while their case is being processed.

To report such situations, affected individuals should contact the USCIS Contact Center at 800-375-5283.

Since June, the agency has also enabled a self-service tool that allows applicants to reschedule biometric appointments up to 12 hours before the scheduled time, making it easier to comply with administrative procedures even amid unexpected events.

Special considerations for international students

USCIS also extended eligibility for relief under unforeseen circumstances to international students with F-1 visas, particularly those facing financial hardship.

Qualifying situations include the loss of financial aid or on-campus employment through no fault of the student, significant changes in currency exchange rates, tuition increases, or unexpected medical expenses.

Affected students may apply for authorization to work off-campus using Form I-765, along with a copy of Form I-20 confirming their nonimmigrant student eligibility.

With these measures, USCIS aims to provide alternatives that mitigate the effects of economic or personal crises without jeopardizing academic status or legal stay.

Taken together, this rule reaffirms USCIS’s focus on offering flexibility to nonimmigrant workers and students, ensuring that exceptional circumstances do not automatically result in loss of immigration status or deportation.