USCIS Policy Change Will Affeect Many Nonimmigrant Extensions

U.S. Citizenship and Immigration Services (USCIS) has updated it’s policy guidelines, and these updates may have an effect on nonimmigrant visa extensions.

Essentially, USCIS has instructed all officers to review and scrutinize extension requests in the same way they would review initial applications for certain nonimmigrant visa categories. This new guidance will affect almost all nonimmigrant classifications that use the I-129 form. Because of this, people applying for extension of their EB-5 visa should consult an expert even if they feel that they have a clear path to extension.

Even if the key details of a petition remain the same as the initial application, adjudicators are now being told to provide a full review of the petition. USCIS has stated that “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 petitioner.” USCIS’ viewpoint is that the decision must be “based on the merits of each case, and officers may request additional evidence if the petitioner has not submitted sufficient evidence to establish eligibility.”

If you think that these updates may affect your EB-5 process, please reach out to me for a consultation and to make a plan to deal with these changes.