April 27, 2021

USCIS Reinstates Policy of Giving Deference to Previous Agency Decisions

On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it is reinstating a 2004 policy in which adjudicating officers are instructed to give deference to prior decisions made by the agency. This policy was rescinded in 2017 by the previous administration.

Under the reinstated policy guidance, USCIS officers are instructed to generally defer to prior approvals when adjudicating extension requests involving the same parties and facts, unless there has been a material error, material change, or new material facts since the prior approval.  This new policy guidance is expected to result in USCIS issuing fewer Requests for Evidence and denials of extension requests, which have placed a burden on government and employer resources after the 2004 deference policy was rescinded.