Clarification: COVID-Era B1/B2 and Student Visa Extensions Are Not Up to 240 Days
This article corrects the misreading that B1/B2 and student visas can be extended for up to 240 days during the pandemic. The 240-day provision in USCIS guidance applies only to employment authorization automatically extended when a timely extension request is filed and 'where applicable'; it does not apply to B1/B2 or other non-work visas. B1/B2 extensions remain capped at six months, and students on D/S may stay as long as their studies require.
Today a reader asked: “I saw a claim that USCIS says extensions can be up to 240 days under COVID-19, but when I carefully read that page, it seems to say that for work visas like H1-B, if an extension application is filed, it can be extended for 240 days, and it has nothing to do with B1/B2. So the maximum extension for B1/B2 is still 180 days. Is my understanding correct?”
I did a quick search and saw the following "reports":
- "Vegas News Network" article "USCIS: Visa About to Expire? You Can Apply for Up to 240 Days Extension": "Foreign employees on H1B or OPT, B1/B2 tourist visa holders, and other non-U.S. immigrants whose visas are about to expire and who recently cannot leave the country or change visas in time due to the COVID-19 pandemic may apply to USCIS for an additional visa extension of up to 240 days."
- "North America Study Abroad" article "USCIS: Up to 240 Days! U.S. Relaxes Visa Validity for Foreign Nationals": "According to the website of the Chinese Embassy in the United States, USCIS, considering the special circumstances of the current pandemic, has decided to relax the visa validity period for all foreigners, including holders of nonimmigrant visas such as tourist visas, business visas, and student visas, allowing them to extend up to 240 days after visa expiration, and the extension application can be completed online."
This should be a misreading. In addition, although the aforementioned “North America Study Abroad” said it was “according to the website of the Chinese Embassy in the United States,” no link was provided. I did not find that statement on the embassy’s official website; there is only a related announcement, “Latest Announcement from U.S. Immigration: Nonimmigrant Visa Holders Can Apply to Extend Their Stay,” which does not contain the erroneous information about “240-day extension.”
The USCIS announcement is here: “If You File in a Timely Manner. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time.”
If you file for an extension in a timely manner, “where applicable,” your employment authorization will be automatically extended for 240 days after your I-94 expires. This provision applies to the employment authorization of work visas (“where applicable”) and has nothing to do with non-work visas such as B1/B2. This clause is not a new policy; immigration law has always stipulated this, and the current USCIS announcement is merely a reminder that this is the case. The original text of the immigration law is as follows, 8 C.F.R. § 247a.12(b)(20):
A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), (b)(19), (b)(23) and (b)(25) of this section whose status has expired but on whose behalf an application for an extension of stay was timely filed pursuant to § 214.2 or § 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.
As far as I know, there has been no change to B1/B2 extensions; the maximum is still no more than 6 months, which is also stipulated by immigration law, see: {https://gonglue.us/54216}. Student visas are usually D/S, and as long as your studies require it and your I-20 is valid, you can stay indefinitely; there is no “maximum 240 days.”
