Analysis

Cos. Face Unpredictability As Extension Deference Ends

Law360, New York (October 26, 2017, 10:14 PM EDT) -- With U.S. Citizenship and Immigration Services' move to rescind a policy that requires officers to give deference to past decisions when it comes to status extension requests, attorneys are predicting more uncertainty, evidence demands and possible denials for companies seeking to retain foreign workers.

On Monday, USCIS rolled back guidance that required officers to give deference to previous decisions when it comes to requests for extensions of nonimmigrant visa status. Previously, adjudicators had been told generally to defer to past eligibility findings, when they were dealing with extensions regarding the same parties or facts as the original requests.

Now, however, USCIS...

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