Dealing With H-1B Extensions In The New No-Deference Era

Law360, New York (November 1, 2017, 12:08 PM EDT) -- Giving shape and showing loyalty to President Donald Trump's "Buy American, Hire American" initiative, the newly appointed U.S. Citizenship and Immigration Services Director L. Francis Cissna implemented a new policy memorandum which specifically instructs all USCIS officers not to give deference to any previously approved nonimmigrant visa petition even if the petitioner, beneficiary and underlying facts remain unchanged from a previously approved petition.

Per new policy memo, USCIS is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for all nonimmigrant visa petitions filed using Form I-129, Petition for a Nonimmigrnat Worker....

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