The US’ immigration company has mentioned that it could rescind a 2018 Trump-era coverage that allowed immigration officers to reject H-1B visa purposes as an alternative of first issuing a discover of intent to disclaim to the candidates, a choice which is able to scale back obstacles to “legal immigration” and can be a constructive step for Indian professionals.
The H-1B visa, well-liked amongst Indian IT corporations and professionals, is a non-immigrant visa that permits US corporations to make use of overseas staff in speciality occupations that require theoretical or technical experience. Technology corporations depend upon it to rent tens of 1000’s 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 purposes outright.
The US Citizenship and Immigration Services (USCIS) mentioned in a press release on Wednesday that it was updating its insurance policies round expedited processing of purposes, altering the steerage round Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), and growing the validity interval for sure Employment Authorisation Documents (EADs).
The USCIS is returning to the adjudicative ideas of a June 2013 memo that instructed company officers to challenge a request for proof or discover of intent to disclaim when extra proof may doubtlessly reveal eligibility for an immigration profit, the immigration company mentioned in a press release on Wednesday.
As a part of the up to date RFE and NOID coverage, the USCIS is rescinding a July 2018 memo that permitted company officers to disclaim sure immigration profit requests as an alternative of first issuing an RFE or NOID, it mentioned.
This up to date coverage will guarantee these profit requestors are given a chance to right harmless errors and unintentional omissions. In basic, a USCIS officer will challenge an RFE or NOID when the officer determines extra data or rationalization which will doubtlessly set up eligibility for an immigration profit.
“We are taking action to eliminate policies that fail to promote access to the legal immigration system and will continue to make improvements that help individuals navigate the path to citizenship, and that modernise our immigration system,” mentioned Secretary of Homeland Security Alejandro N Mayorkas.
“These policy measures are consistent with the Biden-Harris administration’s priorities to eliminate unnecessary barriers to our nation’s legal immigration system and reduce burdens on non-citizens who may be eligible for immigration benefits,” mentioned Acting USCIS Director Tracy Renaud.
“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 coverage, the USCIS adjudicators had full discretion to disclaim purposes, petitions, and requests with out first issuing an RFE or NOID, when required preliminary proof shouldn’t be submitted or the proof of report fails to ascertain eligibility.
The USCIS additionally mentioned that they may improve the present one-year validity interval on each preliminary and renewal EADs to 2 years for sure adjustment of standing candidates.
Increasing the validity interval on EADs for sure adjustment candidates is predicted to scale back the variety of employment authorisation requests USCIS receives and permit the company to shift restricted assets to different precedence areas.
