Fresh changes in rules
notified by the U.S. Citizenship and Immigration Services (USCIS) for renewal of non-immigrant visas will severely impact H-1B
visa holders. Petitions for renewal of such visas, particularly when the
underlying facts that supported the original petition have not changed, are
currently considered with a presumption of approval, but that will no longer be
the case, USISC said. Consequently, the burden
of proof will be on the petitioner to substantiate his application even when
nothing has changed since the previous petition.
The new rules are in line
with the Donald Trump administration’s 'Buy American, Hire American' policy,
the USCIS said. The new changes were announced even as a comprehensive review
of the H-1B programme is under way.
“The updated guidance
instructs officers to apply the same level of scrutiny when reviewing
nonimmigrant visa extension requests even where the petitioner, beneficiary and
underlying facts are unchanged from a previously approved petition. While
adjudicators may ultimately reach the same conclusion as in a prior decision,
they are not compelled to do so as a default starting point as the burden of
proof to establish eligibility for an immigration benefit always lies with the
petitioner,” a statement by the USCIS said.
The previous policy —
which has been in force for 13 years — instructed officers to give deference to
the findings of a previously approved petition, as long as the key elements
were unchanged and there was no evidence of a material error or fraud related
to the prior determination. The updated policy guidance rescinds the previous
policy.
The burden of proof in
establishing eligibility for the visa petition extension is on the petitioner,
regardless of whether USCIS previously approved a petition, the agency said.
“The adjudicator’s determination is based on the merits of each case, and
officers may request additional evidence if the petitioner has not submitted
sufficient evidence to establish eligibility.”
My
Law, LLC
Immigration
& Tax Law Firm
Phone:
(630) 903-9625
1700
Park Street, Suite 203
Naperville,
IL 60563
E-mail:
attorney@mylawllc.com
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