Increased Scrutiny Coming To Nonimmigrant Visa Adjudications

Since 2004, the U.S. Citizenship & Immigration Services (USCIS) has adhered to a policy of deferring to prior determinations when adjudicating petitions for extensions of nonimmigrant status. Its memorandum of October 23, 2017 indicates that this policy will change.

The USCIS memorandum released this week and titled "Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status," rolls back policy the agency has adhered to, and employers have relied on, since 2004. Specifically, the USCIS memorandums of April 23, 2004, "The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity" and of August 17, 2015, "L-1B Adjudications Policy" – directed officers to give deference to prior USCIS determinations of eligibility when adjudicating extension of stay petitions. The current