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USCIS Updates Policy to Toughen Extension of Nonimmigrant Worker Petitions

Under updated policy guidance, USCIS has authorized its employees to re-adjudicate beneficiaries’ eligibility for certain nonimmigrant classifications when requesting extension of stay, even if no changes were present. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker.

The updated guidance instructs officers to apply the same level of scrutiny not only when reviewing initial application for a nonimmigrant visa, but also for extension requests, even where the underlying facts are unchanged from a previously approved petition.

Due to the updated policy, it is possible that the USCIS may delay sending future requests for evidence and increase processing times.

Source: USCIS.

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