December 2018

December 2018


USCIS I-693 Policy 2 Year Update

In 2018, USCIS revised its policy regarding the extent to which a Form I-693 retains its evidentiary value. This policy is effective November 1, 2018. Before November 1, 2018, the validity period policy provided Form I-693 retained its evidentiary value as long as it was submitted to USCIS within 1 year of the civil surgeon’s signature and USCIS issued a final decision on the underlying immigration benefit application within a year of the Form I-693’s submission to USCIS. This policy contained a maximum 2-year period during which Form I-693 retained its evidentiary value.

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USCIS Revises Interview Waiver Guidance for Form I-751

USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.

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AAO Says Amended Petition Not Necessarily Required for L-1 Client Worksite Transfers

We know a L-1 employer may transfer the L-1 between company offices without filing an amended L-1 petition. Recently, the AAO in a non-precedent decision held that the VSC improperly revoked an approved L-1A petition based on an incorrect assumption that an employer must file an amended L-1 petition whenever a beneficiary is transferred to a new client worksite to perform similar duties for the same employer.

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USCIS Clarifies the L-1 One-Year Foreign Employment Requirement

On November 15, 2018, USCIS published a policy memorandum (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing ("one-year foreign employment requirement"). This clarification is intended to ensure consistent adjudication of L-1 petitions by providing a standard basis for calculating time for the one-year foreign employment requirement.

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