Wednesday, May 19, 2021
President Biden’s Executive Order, “
Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” promotes the efficient and fair adjudication of immigration benefits by applying deference to previous adjudications as a significant mechanism in the adjudication of new petitions or applications. Generally, USCIS now should defer to its previous approvals in new applications by an applicant, assuming a previous application was approved, and no material change has occurred.
In the EB-5 context, an EB-5 project can apply for Exemplar I-526 Petition approval. Following Exemplar approval, USCIS should defer to its previous approval on the project-related materials when deciding investor Form I-526 Petitions associated with the project. This policy necessarily furthers trust in the EB-5 program and enables further investment. However, the USCIS Policy Manual reasonably states that USCIS wi
As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year
U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is withdrawing a 2018 notice to remove the International Entrepreneur (IE).
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As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year. The reinstated policy, commonly referred to as the “Deference Policy,” had been in place since April 2004. The policy instructed USCIS officers to give deference to prior employment visa determinations when adjudicating visa extension requests involving the same parties and facts unless there was a material error, material change in circumstances or new material information that adversely impacts the eligibility of the petitioner, applicant, or beneficiary of a sought-after visa extension petition.
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