US Issues Tougher Deadline Rules For Green Card Applicants, Foreign Workers

• The US Citizenship and Immigration Services issued a policy alert, announcing a change to how filing deadlines are calculated for immigration benefit requests
• The new rule reverses a 2023 policy that extended deadlines falling on birthdays, weekends, or federal holidays, and takes effect on 23 October 2026
• The change directly affects applicants whose eligibility depends on age-based cutoffs, such as those required to file before turning 21 years old

The US Citizenship and Immigration Services has announced a significant change to how it calculates filing deadlines, with the new rules affecting thousands of green card applicants and foreign workers.

USCIS issued Policy Alert PA-2026-15 on September 23, 2026, clarifying that the regulatory definition of "day" will once again apply only when deadlines are explicitly defined in terms of days by statute, regulation, or form instructions.

The agency stated that deadlines framed around personal eligibility criteria, such as a person's birthday, will no longer benefit from the same weekend or holiday extension rules.

What Changed and Why It Matters

Under a 2023 policy, USCIS had extended the definition of "day" to cover deadlines tied to personal milestones, including age requirements.

This meant that if an applicant needed to file a benefit request before their 21st birthday, and that birthday landed on a Saturday, Sunday, or federal holiday, USCIS would treat the filing as timely if it was submitted by the close of the next working day.

The agency is now reversing that approach. Going forward, deadline extensions to the next business day will only apply when the relevant deadline is counted in days as defined by statute, regulation, or form instructions.

Age-based or birthday-based deadlines will not receive that extension, meaning an applicant whose 21st birthday falls on a weekend will need to ensure their paperwork is received before that date.

USCIS Cites Court Ruling for the Reversal

USCIS pointed to a 2025 US Supreme Court ruling, Monsalvo Velasquez v. Bondi, as part of its justification for the change. The court noted that since at least the 1950s, the term "day" in US law has carried a specialised meaning that excludes Sundays and legal holidays when a deadline would otherwise land on one of those days.

The agency acknowledged that applicants who had been preparing submissions based on the 2023 policy may be caught off guard.

The updated rules apply to paper-based filings received on or after October 23, 2026, and the revised guidance supersedes all prior related policy in Volume 1 of the USCIS Policy Manual.

US announces 1 green card route

Meanwhile, Legit.ng previously reported that US government's EB-1 visa category covers three types of applicants, but only one allows individuals to file their own petition without employer involvement.

Applicants under the Extraordinary Ability category must satisfy at least 3 of 10 set criteria, or present evidence of a major internationally recognised achievement.