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On April 27, 2021, U.S. Citizenship and Immigration Services
(USCIS) issued updated policy guidance 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. This USCIS policy update reverts back to a
long-standing policy originally established in 2004.
The original USCIS memorandum, titled The Significance of
a Prior CIS Approval of a Nonimmigrant Petition in the Context of a
Subsequent Determination Regarding Eligibility for Extension of
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On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance “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.” This USCIS policy update reverts back to a long-standing policy originally established in 2004.
The original USCIS memorandum, titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity,” directed immigration adjudicators, when adjudicating petition extensions involving the same parties and underlying facts as the initial petition, to defer to prior approvals. On October 23, 2017, USCIS rescinded the deference policy, following President Donald Trump’s “Buy American, Hire American” e