USCIS has reinstated the practice of giving deference to prior approvals for petitions filed on Form I-129, the Petition for a Nonimmigrant Worker. This new regulation requires USCIS adjudicators to defer to previous approvals when the same employer, beneficiary, and job duties remain unchanged. This rule applies to all visa categories filed on Form I-129, including H, L, O, P, Q, and TN visas.

 

 

Previously, under the Trump administration, USCIS eliminated deference and treated each petition as a new application, even if the circumstances were identical. This caused delays and increased uncertainty for employers and workers. The new regulation allows USCIS to focus on material changes and streamline the adjudication process.

 

For employers and beneficiaries, this means faster processing times when renewing or extending visas for workers with the same job title and duties. If no changes have occurred in the job position or employer-employee relationship, the prior approval will be given deference, reducing the chances of delays or denials.

 

If you have any questions about how this new rule affects your filings, contact us at 703-348-1663. We are here to help you navigate the process.