News

USCIS Reinstates Deference to Prior Nonimmigrant Petition Adjudications

Apr 7, 2021 | Featured, NIV

On April 27, 2021, USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.

With this update, USCIS is reverting in substance to prior long-standing guidance issued in 2004, which directed officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving the same parties and facts as the initial petition or application. In 2017, USCIS rescinded the 2004 guidance.

This update 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. The executive order directs the secretary of homeland security to identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits. Affording deference to prior approvals involving the same parties promotes efficient and fair adjudication of immigration benefits.

Should you have any questions relating to this update, please reach out to us at Younossi Law for further guidance. 

View By Archive

Immigration News From
Law360

RSS Law360: Immigration

  • Teaching Logic Makes Me A Better Lawyer February 5, 2026
    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

Subscribe to our news

Stay up to date with our most recent news we have posted on the website.