- The new policy guidelines from the U.S. Citizenship and Immigration Services (USCIS) reverse the long standing practice of the agency’s deference to its own prior adjudications (i.e., approvals) of certain immigration proceedings for the purpose of the extension filings review. The newly adopted guidance instructs adjudicating officers to apply the same level of scrutiny to nonimmigrant visa extension proceedings as they do to initial petition submissions, even where there have been no changes to the underlying facts. The previous policy directed officers to give deference to the findings and decision made with regard to the previously approved petition. This policy change is likely to result in increase of Requests for Evidence (RFEs) for routine nonimmigrant status extension proceedings. It is important to consider filing strategies, such as use of Premium Processing program, in light of this development.
- Based on the recent report by the Office of Inspector General, USCIS plans to significantly increase the number of its H-1B employment site visits. USCIS is expected to develop a process for site visits data collection and analysis and establish comprehensive policies for fraudulent or noncompliant petitions review. To prepare for these unannounced site visits, companies should establish an internal procedure for handling same (including contacting immigration counsel immediately upon auditor’s arrival), designate an in-house contact for any USCIS communications, assure proper records upkeep, and prepare a detailed post-audit report. It is advisable for all employers sponsoring foreign workers to have an action plan in place for a possible audit. Your immigration legal counsel can assist you with the plan set up and implementation.