USCIS tightens visa, green card filing rules

The US Citizenship and Immigration Services (USCIS) has tightened filing deadline rules from October 23, 2026, removing next-business-day relief for certain age-based eligibility deadlines. The change affects green card applicants, including children approaching 21, while H-1B workers must ensure they file extension petitions before their authorised stay expires.

The revised policy alert, titled “Definition of Day for Purposes of Filing Deadlines”, issued on September 23, replaces guidance introduced in 2023 and distinguishes between deadlines counted in days and dates tied to eligibility or authorised stay.

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Under the revised rules, qualifying paper filings with deadlines calculated in days can still receive an extension if the deadline falls on a Saturday, Sunday or federal holiday. USCIS must receive the filing by the end of the next business day.

Online filings do not qualify for the same extension. More importantly, deadlines tied to substantive eligibility requirements, such as an applicant turning 21, will not automatically move to the next business day if the date falls on a weekend or federal holiday.

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Green card applicants must file before turning 21

The change is particularly relevant to children included in certain immigration cases and applicants seeking Special Immigrant Juvenile classification, which generally requires filing before the applicant turns 21.

If an applicant turns 21 on a weekend or federal holiday, the filing deadline will not automatically extend to the next business day. Under the earlier policy, some applicants could benefit from the additional time.

Families should check the applicable age requirements and ensure that petitions are filed within the prescribed period.

H-1B workers must track I-94 expiry dates

H-1B workers and their employers must also monitor Form I-94, which generally records the period for which a person is authorised to stay in the US.

An I-94 expiry date is not a deadline calculated by counting a specified number of days. If it falls on a weekend or federal holiday, workers should not assume they can file an extension on the next business day and retain their status.

Employers should ensure that USCIS receives extension petitions before the existing authorised stay expires. The consequences of a late filing depend on the circumstances and applicable immigration rules.

What applicants should do

Applicants and employers should identify the type of deadline involved, check whether an extension applies to their filing method and avoid relying on weekends or federal holidays for extra time.

Families handling age-dependent immigration cases should plan well before an applicant turns 21. H-1B workers should verify their I-94 expiry dates and arrange extensions in advance.

The key distinction is between procedural deadlines that may qualify for additional time and dates that determine eligibility or authorised stay. The revised policy retains some deadline extensions but removes the assumption that a weekend or federal holiday will automatically provide extra time.