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.