Important Updates
Important Updates
August 12, 2025 | United StatesUnited States: September 2025 Visa Bulletin – No Changes to Employment-Based (EB) Cut-off Dates; USCIS to Honor Final Action Dates for EB Categories; State Department Warns EB Categories Close to Annual Limits
August 12, 2025 | CanadaCanada: Upfront Medical Exam Requirement for Express Entry Applicants to be Reinstated
August 12, 2025 | GeorgiaGeorgia: Work Permit System Forthcoming
August 12, 2025 | MexicoMexico: Processing Delays and Policy Changes Possible During Transition to New Immigration Commissioner
August 12, 2025 | United KingdomPeople Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers
August 12, 2025 | United StatesUnited States: September 2025 Visa Bulletin – No Changes to Employment-Based (EB) Cut-off Dates; USCIS to Honor Final Action Dates for EB Categories; State Department Warns EB Categories Close to Annual Limits
August 12, 2025 | CanadaCanada: Upfront Medical Exam Requirement for Express Entry Applicants to be Reinstated
August 12, 2025 | GeorgiaGeorgia: Work Permit System Forthcoming
August 12, 2025 | MexicoMexico: Processing Delays and Policy Changes Possible During Transition to New Immigration Commissioner
August 12, 2025 | United KingdomPeople Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers
August 12, 2025 | United StatesUnited States: September 2025 Visa Bulletin – No Changes to Employment-Based (EB) Cut-off Dates; USCIS to Honor Final Action Dates for EB Categories; State Department Warns EB Categories Close to Annual Limits
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

USCIS Toughens Scrutiny of Nonimmigrant Extension Filings

October 24, 2017

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Executive Summary

  • In a significant policy reversal, USCIS officers are no longer bound by previous petition approvals when reviewing an H-1B, L-1, or other nonimmigrant extension request.
  • Officers are authorized to readjudicate a beneficiary’s eligibility for a nonimmigrant classification each time an extension of stay is requested, even if there has been no change in circumstances.
  • An increase in requests for evidence and processing times is expected.  

The situation

U.S. Citizenship and Immigration Services (USCIS) has rescinded a longstanding policy that required adjudicators to give deference to the agency’s previous determinations of eligibility when reviewing an application for a nonimmigrant extension of status.

USCIS is taking the position that adjudicators are no longer bound by past petition approvals when reviewing an H-1B, L-1 or other nonimmigrant extension request.  Officers have been given broader authority to readjudicate a foreign beneficiary’s eligibility for a nonimmigrant classification each time an extension request is filed – even in cases where there has been no change in facts since the initial petition was approved.

What has changed

Under prior policy, officers were required to give deference to past approvals unless there was a substantial change in circumstances that affected the beneficiary’s eligibility for the nonimmigrant classification, the agency made a material error in the previous approval, or where new information adversely affected a beneficiary’s eligibility for the nonimmigrant status.  That guidance, in place since 2004 and reaffirmed for L-1B petitions in 2015, has now been rescinded.

Looking ahead

Employers should be prepared for the consequences of the agency’s new policy:

  • More requests for evidence:  The new guidance is expected to result in a significant increase in requests for evidence in H-1B, H-1B1, L-1, O, P, TN and other nonimmigrant extension cases.  Though USCIS regulations do not require petitioners to submit supporting documentation when filing extensions for some nonimmigrant classifications, the agency is urging its officers to request evidence in all extension filings.
  • Longer processing times:  An increase in scrutiny is likely to mean longer processing times, compounding the delays that have plagued extension filings for some time.  Though premium processing is available for some nonimmigrant classifications, suspensions of premium processing for extensions have occurred in the past and could be reimposed. 
  • Work authorization disruptions and other consequences:  Though foreign nationals in E, H, L-1, O, P, and TN status, among others, receive a 240-day automatic extension of status and work authorization following the timely filing of an extension petition, processing times may extend beyond this grace period.  This can result in employment disruptions and impede a foreign national’s ability to renew a driver’s license, among other negative consequences.
  • Increased extension denials:  Tougher scrutiny and new agency interpretations of nonimmigrant eligibility criteria could lead to more frequent extension denials.


This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

Learn more

Media mentions

HR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration

Partner Ángel Bello Cortés highlights the need for a strategic approach to immigration in Ireland amid growing skills shortages and compliance challenges.

Learn more

Blog post

Chile: Preparing for Possible Revocation of US ESTA Eligibility

Senior Associate Stephania Bertoni Norris and Associate Kelsey McGonigle discuss how travelers and businesses should prepare for potential changes to Chile’s eligibility for the US ESTA program.

Learn more

Blog post

Hiring in Kuwait: What Employers Need to Know About Work Visas, Talent Mobility and Business Potential in 2025

Partner Azeem Mohiuddin discusses Kuwait’s evolving visa landscape, talent mobility trends and emerging business opportunities for employers in 2025.

Learn more

Podcast

Michali Henig on Transforming Global Mobility at HelloFresh

Michali Henig of HelloFresh shares her global mobility career journey and offers insights into attracting international talent to Germany, covering immigration, relocation, integration and more.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

Learn more

Media mentions

HR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration

Partner Ángel Bello Cortés highlights the need for a strategic approach to immigration in Ireland amid growing skills shortages and compliance challenges.

Learn more

Blog post

Chile: Preparing for Possible Revocation of US ESTA Eligibility

Senior Associate Stephania Bertoni Norris and Associate Kelsey McGonigle discuss how travelers and businesses should prepare for potential changes to Chile’s eligibility for the US ESTA program.

Learn more

Blog post

Hiring in Kuwait: What Employers Need to Know About Work Visas, Talent Mobility and Business Potential in 2025

Partner Azeem Mohiuddin discusses Kuwait’s evolving visa landscape, talent mobility trends and emerging business opportunities for employers in 2025.

Learn more

Podcast

Michali Henig on Transforming Global Mobility at HelloFresh

Michali Henig of HelloFresh shares her global mobility career journey and offers insights into attracting international talent to Germany, covering immigration, relocation, integration and more.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.