NEW DELHI: In a further tightening of visa regulations, the Trump administration has empowered officers to reject visa programs underneath sure circumstances - if the required 'preliminary proof' wasn't submitted or it failed to determine eligibility for the visa sought.
The new rule, which comes into effect from September 11, will have an effect on companies sponsoring H-1B workers. The companies are much less likely to get a 2nd probability to submit more documentary proof or supply explanations that will substantiate eligibility for the visa sought. In some instances, the outright denial of the applying, say for the extension of an H-1B visa, may just even place the employee on the possibility of deportation.
United States Citizenship and Immigration Services (USCIS) has issued this revised coverage on July 13. “It has rescinded an earlier coverage that restricted professional’s ability to disclaim a case without first giving the applicant an opportunity to provide more proof to turn out the case. While the revised coverage instructs officers to disclaim the applying, with no Request for Evidence (RFE), provided that the case lacks sufficient ‘preliminary proof’, it isn't but transparent how this term shall be interpreted,” states Fragomen, a world firm specialising in immigration rules.
Under the sooner coverage, US officers processing visa programs had been required to factor RFEs in all instances, until there was no chance that the extra file or knowledge may just rectify the problem. On the RFE receipt, the sponsoring company could provide additional proof on why a selected profession or process profile was specialised, which will have to qualify the employee for an H-1B visa
In its professional remark, USCIS attributes the revision as a measure to curb frivolous filings. Immigration mavens consider that the revised coverage offers subjective powers to officers and may just make the immigration process bulky.
The new rule, which comes into effect from September 11, will have an effect on companies sponsoring H-1B workers. The companies are much less likely to get a 2nd probability to submit more documentary proof or supply explanations that will substantiate eligibility for the visa sought. In some instances, the outright denial of the applying, say for the extension of an H-1B visa, may just even place the employee on the possibility of deportation.
United States Citizenship and Immigration Services (USCIS) has issued this revised coverage on July 13. “It has rescinded an earlier coverage that restricted professional’s ability to disclaim a case without first giving the applicant an opportunity to provide more proof to turn out the case. While the revised coverage instructs officers to disclaim the applying, with no Request for Evidence (RFE), provided that the case lacks sufficient ‘preliminary proof’, it isn't but transparent how this term shall be interpreted,” states Fragomen, a world firm specialising in immigration rules.
Under the sooner coverage, US officers processing visa programs had been required to factor RFEs in all instances, until there was no chance that the extra file or knowledge may just rectify the problem. On the RFE receipt, the sponsoring company could provide additional proof on why a selected profession or process profile was specialised, which will have to qualify the employee for an H-1B visa
In its professional remark, USCIS attributes the revision as a measure to curb frivolous filings. Immigration mavens consider that the revised coverage offers subjective powers to officers and may just make the immigration process bulky.
For H-1B visa aspirants, now a no means no
![For H-1B visa aspirants, now a no means no]()
Reviewed by Kailash
on
July 16, 2018
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