What is the “240-day rule”?

The “240-day rule” is a guideline from USCIS (United States Citizenship and Immigration Services) that, in certain cases, protects applicants who are waiting for a decision on their adjustment of status application – such as EB-3 category candidates – by preventing them from losing work authorization or valid nonimmigrant status due to processing delays.

To better understand, imagine you have submitted your adjustment of status application (Form I-485) and, at the same time, requested the renewal of your work authorization. If your adjustment of status application remains pending for more than 240 days, this rule may allow your work authorization to be automatically extended while the case is under review, even if your previous visa or authorization has already expired.

This measure aims to ensure that the applicant does not fall into an irregular status simply because of administrative delays. However, it is important to emphasize that the application of the “240-day rule” depends on several formal requirements. For example, the adjustment of status application must have been properly filed and there must be no violations or changes that jeopardize the maintenance of immigration status.

Each case is unique, and the interpretation of the rule can vary depending on individual circumstances and developments in USCIS policies. In light of this, strictly following immigration laws is essential. It is always advisable to seek reliable information and, if necessary, consult specialized sources or experienced professionals in the field – remember to always protect yourself from miracle promises and marketing campaigns guaranteeing results without proper legal backing.

This caution helps ensure a safer process aligned with current regulations. In summary, the “240-day rule” acts as a protection for applicants with adjustment of status requests pending for more than 240 days, allowing the continuation of work authorization and, in some cases, regular status while USCIS reviews the case. Knowing and understanding this rule can help better prepare your immigration journey and ensure that all legal measures are properly observed.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.