ISA Global

America’s best visa issuing expert the US Citizenship and Immigration Services (USCIS) has hurled another notice into circulation that makes it speedy and simple for its officers to deny an application, without first issuing a Request for Evidence(RFE) or even a Notice of Intent to Deny (NOID). This directive will be effective from 11 September 2018.

The USCIS method of reasoning

USCIS chief Francis Cissna says that these are a “past due policy change” that re-establishes “full attentiveness to our immigration officers to deny applications that are not complete and ineligible”.

Top Immigration lawyer in New York, Cyrus Mehta says, the aftermath could mean more denials. In the new plan of actions, a USCIS officer can deny a case without allowing the candidate to revise the imperfection or give optional arrangement of documents.

“USCIS’s most recent arrangement notice offers an expert to deny applications in view of the absence of “adequate initial proof” without an RFE or notice of intent to deny if the first submission doesn’t have good evidence to build up qualification for the benefit”, says Mehta.

USCIS makes it clear that an NTA (notice to appear) “starts removal proceedings” against the non-citizens and this method will now apply to a “wider range of cases”.

“USCIS made it harder to win H-1Bs, so under new pessimistic NTA arrangement if an H-1B expansion is prevented after expiry from claiming earlier H-1B status, the skilled laborer could be put in expelling procedures even while testing the refusal”, Mehta says.

The new direction pulls back an earlier arrangement that allowed an adjudicator to deny a case without an RFE or NOID.

The direction will apply to all petitions and applications received after September 11, 2018.

What does the new direction imply for employers and foreign nationals?

In spite of the fact that the notice informs adjudicators to deny without an RFE only if the case needs adequate pre-confirmation, it isn’t yet clear how the office will interpret that term. Candidates should work intimately with their Immigration counsel to guarantee that all proof important to show qualification is acquired before a migration benefit application is submitted.

The new rules come as USCIS additionally goes up against new and extended authorization needs that could build the negative results of an appeal or application refusal.

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