NPZ Immigration Law Blog

Policy Highlights

• Clarifies that 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.

• Affirms that USCIS considers, but does not defer to, previous eligibility determinations on
petitions or applications made by other U.S. government agencies; that officers make
determinations on the evidence of record in the petition or application under adjudication.

Link here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210427-Deference.pdf