USCIS Resumes Deference to Prior Approvals for Extension Petitions

USCIS has just released guidance that the agency will resume its previous practice of adjudicating extension petitions with deference to the initial approval where the parties and facts are the same. This is welcome news as processing times for extension petitions have grown dramatically over the last few years from a couple of months to six to ten months. These delays have been caused by the agency’s decision in 2017 to treat all extension petitions (even where the parties and facts are the same) as fresh petitions, requiring officers to make sure the initial approval was proper.

According to USCIS, giving deference to prior approvals involving the same parties is in accordance with President Biden’s Executive Order, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. This Executive Order calls on the Secretary of Homeland Security to implement measures that promote fair and efficient adjudication of immigration benefits.

We look forward to shorter processing times of extension petitions and fewer Requests for Evidence in connection with these petitions so that employers and employees can have peace of mind.

This alert is for informational purposes only. Please contact us if you would like to discuss this development further.