The U.S. immigration agency said it would repeal a 2018 Trump-era policy that allowed immigration officers to reject visa applications, including the H1-B, instead of issuing d ‘first a notice of intention to deny applicants, a decision that will reduce barriers to “legal immigration”.
The H-1B visa, popular among Indian businesses and IT professionals, is a nonimmigrant visa that allows US businesses to employ foreign workers in skilled trades requiring theoretical or technical expertise. Tech companies depend on it to hire tens of thousands of employees every year in countries like India and China.
There are also other immigrant visas that were affected by the politics of the Trump era, such as the L1, H-2B, J-1, J-2, I, F, and O.
The United States Citizenship and Immigration Service (USCIS) said in a statement Wednesday that it was updating its policies regarding expedited processing of applications, changing the guidelines for evidence requests (RFEs) and notices of intent. to refuse (NOID), and increased the validity period of certain Employment Authorization Documents (EAD).
USCIS reverted to jurisdictional principles in a June 2013 memo that directed agency officials to issue a request for evidence or a notice of intent to deny when additional evidence could potentially demonstrate eligibility for consideration. an immigration benefit, the immigration agency said in a statement Wednesday. .
As part of the RFE and NOID policy update, USCIS repeals a July 2018 memo that allowed agency officers to deny certain applications for immigration benefits instead of issuing first an RFE or a NOID, he said.
This updated policy will ensure that these benefit claimants have the opportunity to correct innocent errors and unintentional omissions. Typically, a USCIS agent will issue an RFE or NOID when the agent determines additional information or explanation that may establish eligibility for an immigration benefit.
We are taking action to eliminate policies that do not promote access to the legal immigration system and will continue to make improvements that help individuals navigate the path to citizenship and that modernize our immigration system, a said Homeland Security Secretary Alejandro N. Mayorkas.
These policy measures are in line with the priorities of the Biden-Harris administration to remove unnecessary barriers to our country’s legal immigration system and reduce burdens on non-citizens who may be eligible for immigration benefits, a said Tracy Renaud, interim director of USCIS.
USCIS is committed to promoting policies and procedures that ensure we operate in a fair, efficient, and humane manner that reflects America’s heritage as a land of opportunity for those who seek it.
According to the 2018 policy, USCIS arbitrators were free to deny claims, petitions, and requests without first issuing an RFE or NOID, when the required initial evidence was not submitted or the recorded evidence was not. not allow eligibility to be established.
USCIS also said it will increase the current one-year validity period of the initial and renewed EADs to two years for certain adjustments by status applicants. Increasing the validity period of EADs for some adjustment applicants should reduce the number of work authorization applications that USCIS receives and allow the agency to shift limited resources to other priority areas.
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