On October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a new policy instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories using Form I-129, Petition for a Nonimmigrant Worker. Their categories include H-1B, L-1A/B, E-1/2.
Currently, immigration officers give deference to the findings of a previously approved petition, as long as key elements were unchanged from the initial filing. The new policy rescinds this guidance.
As of October 23, 2017, officers will treat each request for an extension of stay as a new petition and will apply the same level of scrutiny to both the initial petitions and extension requests.
This new policy, in conjunction with the recent implementation of in-person interviews for individuals seeking employment-based green cards, will result in delays in visa processing, more RFEs, and denials.
Our office will continue to assist our clients and provide counsel as related to the new policies. For questions or help in preparing for your visa extension or in-person interview, please contact us. https://visas.dobrevalaw.com/ 214-609-0793.
Coming up on our blog: Employment-Based In-Person Interview Guidance