When extending visas such as the H-1B work visa, the US Citizenship and Immigration Services has told its officials to defer to previous approvals.
The United States Citizenship and Immigration Services (USCIS) is reverting to its previous, long-standing guidance from 2004. This guidance had been withdrawn by the Trump administration, which now requires that each visa extension be treated as a new application. Which resulted in an increase in demands for extra documents, resulting in higher administrative costs and delays for sponsoring employers. Or, in some cases, visa extensions were flatly denied for a variety of reasons.
However, USCIS advises that officers can not rely on a prior approval if there are material changes or new material knowledge that casts doubt on the benefit’s eligibility. If there was a material mistake in the prior judgement that resulted in the visa being granted, the policy would not apply.
The above announcement of a favourable policy change by The United States Citizenship and Immigration Services (USCIS), effective immediately, is a result of US President Joe Biden’s Executive Order on “restoring faith in our legal immigration systems”. Got a question? We’ve covered it for you.
The revival of the 2004 Deference Policy might not completely prevent a visa extension denial; however, it will definitely streamline the processing of H1B visa extension applications and restore the degree of predictability and consistency necessary for family security, business operations & growth and continuing economic development.
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