April 30, 2021
USCIS updates guidance on extensions
United States Citizenship and Immigration Services (USCIS) issued policy guidance on April 27, instructing its adjudicators to give deference to previously approved petitions. In other words, and for example, when adjudicating requests for extension, such as H-1B, L-1, O-1, E-3, and other visa categories, a previously adjudicated application will be given increased weight by USCIS officials. This change reflects a return to USCIS's prior long-standing guidance as originally issued in 2004 and should be viewed favorably by sponsoring organizations and foreign national workers alike.
A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.
Full text of Tax Alert