April 27, 2021

Instead of clear-cutting entire forests worth of paper to re-prove the same facts for the same parties, today, US employers and individuals filing visa petitions and applications for foreign nationals can breathe a short sigh of relief. USCIS has announced that it is restoring its previous policy of according deference to prior adjudications. The Service will no longer be routinely challenging upon extension requests whether the same H-1B job at the same employer is really a professional specialty occupation, or whether an L-1A manager’s position is really managerial. USCIS may still issue a Request for Additional Evidence where the parties are different (such as same beneficiary seeking a new job at a different company), or where there have been material changes to the offered position.