The Trump administration gives authorities the power to categorically reject H-1B applications

The Trump administration has tightened the visa application process already difficult, especially for third-party clients who need a wealth of evidence to demonstrate that the candidate's specialization can not to be reproduced by anyone else. Now, immigration officers can outright deny an application if the "initial evidence" presented by the applicant is not enough to prove the admissibility of the visa that he is seeking. In other words, visa applicants, including companies supporting H-1B visa employees, may not have a second chance to produce more documentary evidence that supports their visa application. If the application is rejected in cases like the H-1B extension, the applicant could be at risk of eviction. The new policy would be put in place from September 11th.

The policy issued on July 13 by USCIS (United States Citizenship and Immigration Services) essentially cancels an earlier policy that public servants can not refuse a case without first giving the plaintiff to provide more evidence. Previously, officials were required to issue a Request for Evidence (RFE) in all cases, but with the new policy, it is not clear how the order will be interpreted. While the USCIS says this move would eliminate frivolous applications, experts believe that leaving this decision to the subjectivity of officials could make the process cumbersome.

Many previous EAs involved the corporate sponsor who provided additional evidence on why the position is specialized, which would qualify the candidate.

While even before, an insufficient request was rejected, rejection of requests for lack of recommended evidence would create problems, experts say.

In addition, the US Department of Immigration issued a policy notice authorizing the USCIS to issue notices of appearance in cases where an applicant is illegally present in the United States. refusal case. A notice of appearance is a document given to foreign nationals who asks them to appear before an immigration judge on a certain date. The issuance of a release permit begins an eviction proceeding against foreign citizens.

Under the new rules, USCIS agents will now issue an NTA for a larger number of cases where the person is revocable and where there is evidence of fraud, criminal activity or when 39, an applicant is denied an immigration benefit and is illegally present in the United States. , the policy memorandum said.