Form I-129 Petition for Nonimmigrant Worker requests face new levels of inspection

Form I-129 Petition for Nonimmigrant Worker Requests Under Higher level of Scrutiny

The United States Citizenship and Immigration Services department has updated their policies calling for more careful inspection when reviewing nonimmigrant classifications filed under the Petition for a Nonimmigrant Worker, Form I-129. USCIS officers are asked to review Form I-129 paperwork with a high level of detail for initial petitions for work visas as well as extension request forms. Previously, the USCIS policy advised its officers to be fairly lenient in approval of extension requests for previously approved visas as long as the main aspects of the petition request remained unchanged and as long as there was no reason to suspect error or foul play.

The USCIS called for more thorough investigation of Form I-129 applications extensions as well as initial petitions stating,

“While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitione.”

The Alliance of Business Immigration Lawyers has taken the USCIS policy seriously in advising all employers and employees to be cautious in reviewing Petitions for a Nonimmigrant Worker, and to include all of the paperwork that was presented as evidence for the initial Form I-129 approval. ABIL has also recommended increasing the filing time for extension applications to 180 days before the original petition expires.

Contact Mark Ivener for Immigration Advice

To navigate the Petition for a nonimmigrant Worker process or if you are in need of immigration advice and immigration consultation, contact Mark Ivener here.