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Practice Limited to Immigration & Nationality Law

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USCIS Rescinds Earlier Policy Allowing Deference to Earlier Approvals When Reviewing Amendments and Extensions

In an October 23, 2017 Policy Memorandum, USCIS announced an end to earlier policies allowing an adjudicating officer to give deference to prior approved non-immigrant visa petitions (H-1Bs, L-1s, O-1s, etc.) Rescinding a 2004 Policy Memo allowing deference for extensions and amendments and a late 2015 memo dealing exclusively with L-1s, the new guidance indicates that each case must be viewed as requiring the petitioner to meet its burden of proof independently and without reference to prior USCIS approvals even on the same or similar facts.

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