US agency revokes Trump-era memo for smoother H-1B visa extension

The United States Citizenship and Immigration Services (USCIS) on Tuesday issued policy guidance instructing officers to defer to previous approvals while extending work visas such as H-1B. The guidance instructs officials to generally defer to prior determinations of eligibility when the same parties and facts are involved as in the initial petition.

However, the officers may not defer to a prior approval when there is a material error, material change, or new material facts that adversely impacts the petitioner’s, applicant’s, or beneficiary’s eligibility.

The US immigration agency has basically restored its policy guidance issue in 2004 which was rescinded during the Trump administration.