USCIS Updates Policy to Ensure Petitioners Fulfill Problem of Evidence for Non-immigrant Worker Extension Petitions

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Release Date: Oct. 23, 2017

USCIS Updates Policy to Ensure Petitioners Fulfill Problem of Evidence for Non-immigrant Worker Extension Petitions

WASHINGTON– Under updated policy guidance (PDF, 97 KB), U.S. Citizenship and Immigration Solutions (USCIS) is advising its officers to use the very same level of examination to both preliminary petitions and extension ask for specific non-immigrant visa classifications. The assistance uses to almost all non-immigrant categories submitted utilizing Form I-129, Petition for a Non-immigrant Worker.

” USCIS officers are at the cutting edge of the administration’s efforts to improve the stability of the immigration system,” stated USCIS Director L. Francis Cissna. “This updated assistance offers clear instructions to assist advance policies that safeguard the interests of U.S. employees.”

As previously, adjudicators need to completely examine the petition and supporting proof to figure out eligibility for the advantage looked for. The updated assistance advises officers to use the exact same level of analysis when evaluating nonimmigrant visa extension demands even where the petitioner, recipient and underlying realities are the same from a formerly authorized petition. While adjudicators might eventually reach the exact same conclusion as in a previous choice, they are not forced to do so as a default beginning point as the problem of evidence to develop eligibility for an immigration advantage constantly lies with the petitioner.

The previous policy advised officers to offer deference to the findings of a formerly authorized petition, as long as the crucial elements were the same and there was no proof of a product mistake or scams associated to the previous decision. The updated policy assistance rescinds the previous policy.

Under the law, the concern of evidence in developing eligibility for the visa petition extension is on the petitioner, no matter whether USCIS formerly authorized a petition. The adjudicator’s decision is based upon the benefits of each case, and officers might ask for extra proof if the petitioner has actually not sent adequate proof to develop eligibility.

Interim and last policy memos are main USCIS policy files and work the date the memos are released.

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