USCIS released a list of accomplishments on the 2nd Anniversary of the Buy American and Hire American Executive Order. It is an interesting read for immigration practitioners, employers who sponsor foreign workers, and beneficiaries of immigration benefits. For instance, USCIS believes it is protecting U.S. workers and their wages by not giving deference to prior approvals when adjudicating extension requests involving the same parties and underlying facts as the initial determination. For example, an employer may file an H-1B extension for an employee and no deference will be given to the fact that the worker is currently in H-1B status. Click here to read more. The USCIS Policy Memorandum on Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status can be accessed by clicking here. Meaning, if you are an employer and wondering why you are receiving Requests for Evidence (RFE) from USCIS for extensions, this lack of deference may be partly to blame.
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