HomeInternationalUS Reverses Trump-Era Policy Denying Certain Immigrant Visa Applications

US Reverses Trump-Era Policy Denying Certain Immigrant Visa Applications


The US’ immigration agency has mentioned that it would rescind a 2018 Trump-era policy that permitted immigration officers to reject visa applications, which includes the H1-B, alternatively of very first issuing a notice of intent to deny to the applicants, a choice which will decrease barriers to “legal immigration”.

The H-1B visa, well-liked amongst Indian IT firms and specialists, is a non-immigrant visa that makes it possible for US firms to employ foreign workers in speciality occupations that call for theoretical or technical experience. Technology firms rely on it to employ tens of thousands of personnel each and every year from nations like India and China.

There are other immigrant visas as nicely which have been impacted by the Trump-era policy, like the L1, H-2B, J-1, J-2, I, F and O.

The US Citizenship and Immigration Services (USCIS) mentioned in a statement on Wednesday that it was updating its policies about expedited processing of applications, altering the guidance about Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), and rising the validity period for particular Employment Authorisation Documents (EADs).

The USCIS is returning to the adjudicative principles of a June 2013 memo that instructed agency officers to challenge a request for proof or notice of intent to deny when more proof could potentially demonstrate eligibility for an immigration advantage, the immigration agency mentioned in a statement on Wednesday.

As portion of the updated RFE and NOID policy, the USCIS is rescinding a July 2018 memo that permitted agency officers to deny particular immigration advantage requests alternatively of very first issuing an RFE or NOID, it mentioned.

This updated policy will make certain these advantage requestors are provided an chance to appropriate innocent blunders and unintentional omissions. In basic, a USCIS officer will challenge an RFE or NOID when the officer determines more info or explanation that may perhaps potentially establish eligibility for an immigration advantage.

We are taking action to do away with policies that fail to market access to the legal immigration technique and will continue to make improvements that support people navigate the path to citizenship, and that modernise our immigration technique, mentioned Secretary of Homeland Security Alejandro N. Mayorkas.

These policy measures are constant with the Biden-Harris administration’s priorities to do away with unnecessary barriers to our nation’s legal immigration technique and decrease burdens on non-citizens who may perhaps be eligible for immigration advantages, mentioned Acting USCIS Director Tracy Renaud.

USCIS is committed to advertising policies and procedures that make certain we operate in a fair, effective, and humane manner that reflects America’s heritage as a land of chance for these who seek it.

According to the 2018 policy, the USCIS adjudicators had complete discretion to deny applications, petitions, and requests with out very first issuing an RFE or NOID, when expected initial proof is not submitted or the proof of record fails to establish eligibility.

The USCIS also mentioned that they will enhance the existing one-year validity period on each initial and renewal EADs to two years for particular adjustment of status applicants. Increasing the validity period on EADs for particular adjustment applicants is anticipated to decrease the quantity of employment authorisation requests USCIS receives and permit the agency to shift restricted sources to other priority locations.


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