The US Citizenship and Immigration Services (UDCIS) published a statement on Wednesday announcing that it was changing its policy on accelerated application processing.
The USCIS said in a statement on 10th June, Wednesday that it is returning to the adjudicative principles of a June 2013 memo that instructed agency officers to issue a request for evidence or a notice of intent to deny when additional evidence could potentially demonstrate eligibility for an immigration benefit.
EADs provide significant relief to H-1B visa holders
Because of the action taken by USCIS, applicants will now have the chance to amend inaccuracies and inadvertent omissions. The H-1B visa is mostly for IT workers from India. Every year, the US provides over 85,000 H-1B visas, and technological businesses hire thousands of personnel from nations such as India and China.
This visa is more common among IT companies and experts. L1, H-2B, J-2, J-1, I, F, and O are among other immigrant visas that were affected by Trump administration policy.
The USCIS is resigning a July 2018 memo that allowed agency officials to refuse some immigration benefit petitions instead of issuing an RFE (Requests for Evidence) or NOID (Notices of Intent to Deny) and increasing the validity for EADs (Employment Authorisation Documents), according to the new guidelines.
“We are taking steps to eliminate regulations that obstruct access to the legal immigration system, and we will continue to enhance policies that assist individuals in navigating the road to citizenship and modernize our immigration system,” said Secretary of Homeland Security Alejandro N. Mayorkas.
Acting USCIS director Tracy Renaud said, “ These policy actions are consistent with the Biden-Harris administration’s objective to eliminate needless hurdles to our nation’s lawful immigration system and minimize costs on non-citizens who may be eligible for immigration benefits.”
“USCIS is dedicated to establishing rules and processes that guarantee we operate in a fair, efficient, and humanitarian way that represents America’s tradition as a nation of opportunity for all who seek it,” says the agency.
When needed initial evidence is not presented or the evidence of record fails to prove eligibility, USCIS adjudicators have broad authority to refuse applications, petitions, and requests without first issuing an RFE or NOID, according to 2018 regulations.
International students are eligible for an optional practical training (OPT) program that allows them to work in the US for 12 months (3 years for STEM majors). The firms where they are on OPT frequently sponsor them for an H-1B work visa. They can work beyond the expiration date on their OPT employment authorization document if the H-1B application is filed on time while waiting for the start date of an accepted/pending H-1B application.