U.S. Citizenship and Immigration Services (USCIS) announced an update to the policy on deference to previous submissions. Specifically, USCIS issued updated policy guidance when reviewing a request for an extension of a petition involving the same parties and facts unless there was a material error, material change, or new material facts.

In 2004, USCIS issued guidance addressing the issue of deference in prior determinations of eligibility. See The Significance of a Prior CIS Approval of a Nonimmigrant Petition, HQPRD 72/11.3, issued April 23, 2004. That guidance directed officers to generally defer to prior determinations of eligibility when adjudicating petition extensions involving the same parties and facts as the initial petition. In 2017, USCIS rescinded the 2004 guidance. See Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility, PM-602-0151, issued October 23, 2017. This recission allowed officers to make determinations on the evidence of record in the petition or application under adjudication without being bound by previous determinations of eligibility.

This new guidance, contained in Volume 2 of the Policy Manual, restores the 2004 deference policy, with updates, and is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. The main highlights of this policy are:

  1. USCIS gives deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change in circumstances or in eligibility, or new material information that adversely impacts the petitioner’s, applicant’s, or beneficiary’s eligibility.
  2. Affirms that USCIS considers, but does not defer to, previous eligibility determinations on petitions or applications made by other U.S. government agencies. In these cases, officers make determinations on the evidence of record in the petition or application under adjudication.

This policy guidance does not guarantee favorable determination of all requests for extensions solely due to prior decisions. It is known how broadly USCIS interprets “material change” affecting circumstances and eligibility. Thus, Petitioners, Beneficiaries and Applicants must still provide evidence of eligibility when requesting an extension of petition validity.

If you have questions about this change in policy or any immigration-related questions, contact our attorneys at ILBSG. We remain committed to staying on top of ongoing policy changed and work with you to give you the right advice.

Deference to Previous Decisions immigration USCIS Policy Guidance