USCIS No Longer Affording Deference to I-129-based NIV Extensions

For over 10 years, USCIS has taken the approach that, when adjudicating extension petitions involving the same employer, the same beneficiary, and the same underlying facts, its adjudicators would defer to prior approval determinations. USCIS has now reversed this policy, interpreting it as placing an extra burden on the agency to find and compare an old petition to an extension and shifting the burden of proof to USCIS when that burden lies with the petitioner. Moving forward, USCIS officers will be treating all extensions as independent and new filings, even though promulgated regulations do not require supporting documents in many kinds of nonimmigrant extension cases. In its announcement, USCIS also stated that it does not want its adjudicators to rely on previous determinations at all, as it may have the unintended consequences of missing material defects in prior petitions.

Published by
Palmer Polaski PC

Recent Posts

E-2 Treaty Investors: Closer Look at the Requirements

The E-2 treaty investors visa is a nonimmigrant visa available to foreign nationals from certain…

3 days ago

Public Charge: A Taxing Inadmissibility Ground

While the public charge ground can be challenging and confusing for many, it is critical…

2 weeks ago

Student Visa Policy Update

On August 27, 2024, USCIS issued a Policy Alert regarding F-1 students, clarifying various course-related…

3 weeks ago

Provisional Unlawful Presence Waivers: Still a Good Backup Option

While the Keeping Family’s Together Program remains on hold, many eligible applicants would be wise…

1 month ago

Keeping Families Together Program Updates

On August 19, 2024, DHS began accepting applications for the Biden Administration’s new “Keeping Families…

1 month ago

News in Brief

Illegal Entries at Southern Border Significantly Down: Illegal entries, based on border arrests, were lower…

2 months ago