USCIS is now using information previously provided to other government agencies, sometimes many years ago, that contradict information provided in a petition pending with USCIS.
- A beneficiary (employee) offered employment verification letters as evidence he has 5 years of IT experience. During the adjudication process, USCIS obtained a visa application (form DS-160) the beneficiary had submitted a few years prior for a visitor visa. In the old DS-160, the beneficiary indicated that he was working for a different company and in a different occupation during the same period.
- In an L-1A petition, USCIS issued a Notice of Intent to Deny (NOID) because of possible fraudulent claim by the beneficiary that he was working as a manager. USCIS believed the beneficiary was not a manager because his previously filed DS-160 indicated he was an individual contributor during the period in question.
- In an EB-5 (I-526) petition, USCIS issued a Request for Evidence (RFE) because the information the investor provided in his source of fund report (submitted as a part of I-526 application to prove the investment funds came from lawful sources) seemed to contradict information the applicant had previously provided in form DS-160 for a visitor visa.
In some cases, attorneys are able to overcome NOIDs and RFEs. However, applicants/beneficiaries should be aware of USCIS’s ability to verify new information against previously provided information, and raise issues if there appears to be inconsistencies.