New USCIS Director L. Francis Cissna’sfirst act as USCIS Director is to rescind a 2004 Memorandum that had easedburdens on nonimmigrant extension petitions. In its place, USCISissued a Memorandum instructing officers to revisit all prior findings offact and law in extension petitions. USCISsays that this new policy is, “more consistent with the agency’s currentpriorities and also advances policies that protect the interests of U.S.workers.”
Accordingly, employers and employees should expectdelays in the adjudication of extension petitions. This new Memorandum will be used as authority for increased RFE and denials.