On October 23, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) rescinded policy guidelines in effect since April 2004 regarding requests for the extension of certain nonimmigrant visas (i.e., visa petitions filed using Form I-129). Previously, an adjudicator’s determination that a non-U.S. citizen met the eligibility requirements for granting a nonimmigrant visa was given deference in subsequent requests for a visa extension where the parties (petitioner and beneficiary) and the underlying facts and circumstances remained the same. The new policy guidelines now eliminate this deferential policy, requiring an adjudicator to review any request for a nonimmigrant visa extension the same as the review of the initial petition. In essence, a new adjudicator may question another adjudicator’s prior approval of the nonimmigrant petition, even if there is no material change in the underlying facts.
Home > Federal Law Articles > Immigration > General (Immigration) > USCIS’s Updated Policy on Adjudications of Nonimmigrant Worker Visa Petitions Rescinds Former Deferential Policy