Important Updates
Important Updates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
December 18, 2025 | 🌐Middle East: Deadlines Announced for Employers to Update Registered Employees' Salary Details
December 18, 2025 | 🌐Minimum Salary Changes Announced
December 18, 2025 | QatarQatar: Hayya GCC Residents Visa Updated with Extended Stays and Multiple-Entry Access
December 18, 2025 | United Arab EmiratesUnited Arab Emirates: Certain 'Scientists and Specialists' Golden Visa Applications in Dubai Now Require Equivalency Certificates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
December 18, 2025 | 🌐Middle East: Deadlines Announced for Employers to Update Registered Employees' Salary Details
December 18, 2025 | 🌐Minimum Salary Changes Announced
December 18, 2025 | QatarQatar: Hayya GCC Residents Visa Updated with Extended Stays and Multiple-Entry Access
December 18, 2025 | United Arab EmiratesUnited Arab Emirates: Certain 'Scientists and Specialists' Golden Visa Applications in Dubai Now Require Equivalency Certificates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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 AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

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.