New USCIS Director L. Francis Cissna’s
first act as USCIS Director is to rescind a 2004 Memorandum that had eased
burdens on nonimmigrant extension petitions.
In its place, USCIS
issued a Memorandum instructing officers to revisit all prior findings of
fact and law in extension petitions. USCIS
says that this new policy is, “more consistent with the agency’s current
priorities and also advances policies that protect the interests of U.S.
workers.”
Accordingly, employers and employees should expect
delays in the adjudication of extension petitions. This new Memorandum will be used as authority for increased RFE and denials.
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