Understanding U.S. immigration law involves various rules and regulations, including the USCIS’s last action rule. This principle can significantly impact the outcome of visa petitions. We discuss the USCIS’s last action rule and how it can impact immigration below.
Overview of the Last Action Rule
The last action rule dictates that the most recent action by the USCIS determines a noncitizen’s current status. This rule is critical when multiple petitions or applications are filed, affecting the petitioner’s or beneficiary’s status in the United States.
How the Last Action Rule Works
The Last Action Rule operates under the principle that the latest approved application or petition by the USCIS dictates an individual’s immigration status. This means that if multiple petitions or applications are filed for different statuses or benefits, the outcome of the most recently adjudicated petition or application precedes any previous approvals or decisions.
Practical Implications
- Change of Status Applications: If an individual has applied for a change of status, such as from a B-2 tourist visa to an H-1B work visa, the approval of the H-1B petition would be the last action, thereby granting them H-1B status. If, however, the individual travel outside the U.S. and reenters on a B-2 visa after the H-1B approval, but before its effective date, the reentry on the B-2 visa becomes the last action, affecting their status accordingly.
- Extensions and Adjustments of Status: For those seeking to extend their stay or adjust their status (e.g., from nonimmigrant to permanent resident), the approval of the extension or adjustment application becomes the defining action for their status, assuming it’s the latest USCIS decision on their case.
- Filing Multiple Petitions: When an individual has multiple petitions filed on their behalf (for example, an L-1A intracompany transferee and an H-1B temporary worker petition), the petition that USCIS last acts upon will determine their current status. This is particularly relevant in cases where timing and strategic considerations are at play.
Conclusion
In practice, the Last Action Rule requires careful planning and timing of immigration filings to ensure that the most beneficial action for the applicant or beneficiary is the last one taken by USCIS. Missteps or misunderstandings of how this rule applies can lead to unintended status changes or complications in one’s immigration journey. For those navigating the U.S. immigration system, it’s advisable to consult with immigration professionals to leverage the Last Action Rule effectively.
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