On April 27, 2021, US Citizenship & Immigration Services (USCIS) issued updated guidance in the USCIS Policy Manual effective immediately instructing officers to once again give deference to prior determinations when adjudicating extension of petition validity requests “involving the same parties and facts unless there was a material error, material change, or new material facts.” In doing so, “USCIS is reverting in substance to previous long-standing guidance issued in 2004”, which had been rescinded in 2017.

USCIS notes that the updated guidance will provide deference to “prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change in circumstances or in eligibility, or new material information that adversely impacts the petitioner’s, applicant’s, or beneficiary’s eligibility.”

This policy change comes as a result of President Biden’s executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans” which directed the Secretary of Homeland Security to “identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits.” This guidance is sure to be welcomed by immigration practitioners as well as petitioners and foreign nationals applying for extension requests.