USCIS reverses Trump-era policy denying certain immigrant visa applications

The US’ immigration company has mentioned that it could rescind a 2018 Trump-era policy that allowed immigration officers to reject H-1B visa applications as a substitute of first issuing a discover of intent to disclaim to the candidates, a choice which is able to scale back obstacles to “authorized immigration” and can be a optimistic step for Indian professionals.

The H-1B visa, standard amongst Indian IT corporations and professionals, is a non-immigrant visa that permits US corporations to make use of overseas employees in speciality occupations that require theoretical or technical experience. Know-how corporations rely upon it to rent tens of hundreds of workers every year from nations like India and China.

In 2018, The Trump administration gave its immigration officers extra energy to reject H-1B visa applications outright.

The US Citizenship and Immigration Companies (USCIS) mentioned in an announcement on Wednesday that it was updating its insurance policies round expedited processing of applications, altering the steering round Requests for Proof (RFEs) and Notices of Intent to Deny (NOIDs), and rising the validity interval for certain Employment Authorisation Paperwork (EADs).

The USCIS is returning to the adjudicative rules of a June 2013 memo that instructed company officers to situation a request for proof or discover of intent to disclaim when further proof might doubtlessly exhibit eligibility for an immigration profit, the immigration company mentioned in an announcement on Wednesday.

As a part of the up to date RFE and NOID policy, the USCIS is rescinding a July 2018 memo that permitted company officers to disclaim certain immigration profit requests as a substitute of first issuing an RFE or NOID, it mentioned.

This up to date policy will guarantee these profit requestors are given a chance to right harmless errors and unintentional omissions. Basically, a USCIS officer will situation an RFE or NOID when the officer determines further data or clarification that will doubtlessly set up eligibility for an immigration profit.

“We’re taking motion to remove insurance policies that fail to advertise entry to the authorized immigration system and can proceed to make enhancements that assist people navigate the trail to citizenship, and that modernise our immigration system,” mentioned Secretary of Homeland Safety Alejandro N Mayorkas.

“These policy measures are per the Biden-Harris administration’s priorities to remove pointless obstacles to our nation’s authorized immigration system and scale back burdens on non-citizens who could also be eligible for immigration advantages,” mentioned Appearing USCIS Director Tracy Renaud.

“USCIS is dedicated to selling insurance policies and procedures that guarantee we function in a good, environment friendly, and humane method that displays America’s heritage as a land of alternative for individuals who search it.”

In response to the 2018 policy, the USCIS adjudicators had full discretion to disclaim applications, petitions, and requests with out first issuing an RFE or NOID, when required preliminary proof will not be submitted or the proof of document fails to ascertain eligibility.

The USCIS additionally mentioned that they’ll enhance the present one-year validity interval on each preliminary and renewal EADs to 2 years for certain adjustment of standing candidates.

Rising the validity interval on EADs for certain adjustment candidates is predicted to cut back the variety of employment authorisation requests USCIS receives and permit the company to shift restricted assets to different precedence areas.

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