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.