Trump makes U.S H-1B visa renewals more difficult Trump makes U.S H-1B visa renewals more difficult

New changes in rules informed by the U. S i9000. Citizenship and Immigration Companies (USCIS) for renewal of non-immigrant visas will seriously impact H-1B visa cases. Petitions for renewal of H-1B visas, particularly when the underlying facts that supported the first petition have not changed, are considered with a presumption of approval, but that will no longer be the case, USISC said in a statement issued Mon late. Consequently, the responsibility of proof will land on the petitioner to verify his application even when nothing has changed since the previous petition.

The new rules are consistent with the Donald Trump administration’s Buy American, Hire American policy, USCIS said. Raising restrictions on H-1B australian visa programme remains a point or worry in the India-US relations, as a bulk of these guest personnel are Indians. The new changes were announced even as an extensive review the H-1B programme is underway.

“The updated guidance instructs authorities to make use of the same level of scrutiny when researching nonimmigrant visa extension needs even the place that the petitioner, assignee and underlying facts are unchanged from a recently approved petition. While adjudicators may finally reach the same conclusion just as a prior decision, they are not compelled to do so as non-payment starting point as the burden of proof to build eligibility for an migration benefit always lies with the petitioner, ” a statement by the USCIS said.

“USCIS officers are at the front lines of the administration’s initiatives to boost the integrity of the immigration system, inch said USCIS Director T. Francis Cissna. “This current guidance provides clear way to help advance guidelines that protect the passions of U. S. personnel. inch

The new key facts will impact all changes sought by H-1B visa for australia holders, said Karthik, a New Jersey Indian American who did not want to give his previous name, as companies pub momentary personnel from strategies on the matter. Primarily, an H-1B worker goes to the USCIS for 3 types of changes to his status – change, transfer and renewal. Changes are sought when an H-1B employee changes the location within the same company; transfer is wanted when he moves in one company to another, and a renewal is searched for at the expiry of the visa, which is usually issued for 3 years in the commencing. “adjudicators must carefully review the petition and supporting evidence to determine eligibility for the profit sought, ” the USCIS has said.

The previous policy  which has been in effect for 13 years commanded officers to give deference to the findings of any previously approved petition, given that the key elements were unchanged and there was no proof of a material error or fraudulence related to the previous determination. The updated coverage guidance rescinds the earlier policy.

The burden of proof in establishing membership for the visa request extension is on the petitioner, irrespective of whether USCIS recently approved a petition, the agency said. “The adjudicator’s determination is dependent on the value of each case, and officers may request additional evidence if the petitioner has not submitted sufficient evidence to establish membership.”

October 26, 2017