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Immigration Law Blog

Thursday, October 26, 2017

Updated USCIS Policy Guidance Eliminates “Deference” Given To Prior Determinations Of Eligibility When Adjudicating Nonimmigrant Visa Extension Petitions

Updated policy guidance from the USCIS, effective as of October 23, 2017, instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary, and underlying facts are unchanged from a previously approved petition.

The previous policy instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination.

Under the law, the burden of proof in establishing eligibility for the visa petition extension is on the petitioner, regardless of whether USCIS previously approved a petition.

Find more information on the updated policy guidance here: USCIS Updates Policy to Ensure Petitioners Meet Burden of Proof for Nonimmigrant Worker Extension Petitions

Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status


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