Daily Archives: November 7, 2017

USCIS Reverses Long-Standing Policy on H-1B Extensions

USCIS Reverses Long-Standing Policy on H-1B Extensions On October 23, 2017, USCIS rescinded its long-standing policy of deference in the adjudication of H-1B extensions with the same employer. USCIS officers will now “apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories” pursuant to the policy memorandum,…

USCIS Unfairly Scrutinizes Entry Level H-1B Positions

USCIS Unfairly Scrutinizes Entry Level H-1B Positions By Kalpana V. Peddibhotla & Roujin Mozaffarimehr This year, USCIS has taken the novel and ultra vires stance that H-1B petitions for entry-level positions do not qualify for the classification and are not specialty occupation. This has led to an onslaught of Requests for Evidence (RFEs), even where the classification…