USCIS No Longer Giving Deference to Previous NIV Approvals

USCIS No Longer Giving Deference to Previous NIV Approvals

On October 23, 2017, USCIS released a Policy Memorandum called “Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status.” This memorandum eliminates the current practice of giving deference to prior approvals when adjudicating Form I-129 petition renewals where the petitioner, the beneficiary and the material facts of the petition remain unchanged.

The new memorandum rescinds a previous USCIS policy issued in 2004 which instructed USCIS officers to give deference to the findings of a previously approved I-129 petition as long as the material elements of the petition were unchanged and there was no evidence of fraud or a material error related to the prior adjudication. This memorandum affects all I-129 extension petitions, including H-1B, L-1 and other nonimmigrant categories.

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