On September 23, 2026, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance changing how it applies the regulatory definition of “day” when a paper filing deadline falls on a Saturday, Sunday, or federal holiday. USCIS will continue to consider certain paper filings timely when received on the next business day, but only when a statute, regulation, or form instruction expresses the filing period as a number of days. The rule will not extend a deadline that is measured by a substantive eligibility requirement, such as filing before a person reaches age 21. The guidance takes effect October 23, 2026, and applies to paper filings USCIS receives on or after that date. It does not apply to electronically filed submissions.
The definition of “day” in 8 CFR § 1.2 provides that Saturdays, Sundays, and legal holidays count when calculating filing and response periods expressed in days. When the final day falls on a Saturday, Sunday, or legal holiday, the filing or response period runs through the next business day.
In March 2023, USCIS extended that definition to certain deadlines tied to an event or eligibility requirement, including a person’s birthday. Under that guidance, USCIS could accept a paper-filed benefit request on the next business day when a person turned 21 on a Saturday, Sunday, or federal holiday and eligibility for the benefit required filing before age 21.
Effective October 23, 2026, USCIS will return to its prior approach. It will apply the regulatory definition only to paper filing and response periods expressed in a number of days, including qualifying response periods for Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) and qualifying periods for motions or appeals. It will not extend a deadline that depends on a substantive eligibility requirement, such as filing before a person reaches age 21.
Electronic filings receive no weekend or federal holiday extension because USCIS records them as received immediately upon submission.
Paper filings governed by a period stated in days may still arrive on the next business day when the final day falls on a Saturday, Sunday, or federal holiday. That rule will no longer protect a filing whose timeliness depends on satisfying an age-based or comparable substantive eligibility requirement. A request that must be filed while a person remains under age 21 must reach USCIS before the person turns 21, even when the birthday falls on a weekend or federal holiday. Electronic filings receive no extension because USCIS records them as received immediately upon submission. Benefit requestors should identify these deadlines early, allow enough time for delivery, confirm the current form edition and filing location, and complete signatures before the eligibility cutoff.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Angelo A. Paparelli
Partner, Vialto Law (US) LLP
Yulina Wang
Manager, Vialto Partners LLP
Peter Koutroubis
Senior Associate, Vialto Law (US) LLP
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