Finally – USCIS is Reverting Back to Pre-Trump Policy of Giving Deference to Prior Determinations

Great news for petitioners and beneficiaries of H-1B and other nonimmigrant work categories. USCIS just announced that it has revised its policy manual and reverted back to the previous practice of giving deference to prior determinations when adjudicating extension requests. This totally makes sense. Why challenge an extension when the underlying facts have not changed and in most cases have...

The Revocation of Two Trump Era Policies is Expected to Reduce Scrutiny of H-1B petitions

The Biden Administration has revoked or rescinded two Trump era policies: "Buy American and Hire American" (BAHA) Executive Order, andthe 2017 Computer Programmer Memorandum. Revocation of BAHA Executive Order The BAHA executive order was signed on April 18, 2017 by President Trump which aimed to protect and increase wages for US workers by restricting alien worker visas such as H-1B and L-1....

Trump’s “Buy American and Hire American” order has been Rescinded by Biden

President Biden signed executive order on January 29, 2021 which revokes the "Buy American and Hire American" executive order signed during the Trump era. The BAHA order signed in 2017 led to initiatives that dramatically increased scrutiny of H1B and L1. Overall challenges in the forms of requests for evidence increased at one point to over 60%. Attached is the flyer from USCIS touting its...