Visa or extension requests won’t be denied out of hand, under new USCIS policy – My Blog

MUMBAI: The USA Immigration and Citizenship Providers (USCIS) have introduced a sequence of coverage updates, which is able to delight the Indian diaspora in addition to these aspiring to work in the US.
Amongst these updates, USCIS canceled a Trump-era (July 2018) memo that allowed immigration officers to disclaim profit claims (say a Visa or a request for an extension) as an alternative of first searching for extra proof or issuing a Discover of Intent to Refuse (NOID).
It reinstated a June 2013 coverage be aware. In doing so, USCIS states that companies and overseas nationals ought to usually be given the chance to appropriate harmless errors and unintentional omissions, by submitting extra proof with out having to undergo it. once more a full software.
The immigration company additionally clarified the factors for expedited processing that would assist a number of individuals and prolonged the validity interval to 2 years for work authorization paperwork (EAD) for inexperienced card candidates.
Enhance AmericaThe authorized immigration system and the elimination of pointless obstacles is a prime precedence for the immigration company, beneath the Biden administration. “We’re taking motion to eradicate insurance policies that don’t promote entry to the authorized immigration system, and we are going to proceed to make enhancements that assist people navigate the trail to citizenship and modernize our system. immigration, ”Homeland Safety Secretary Alejandro N. Mayorkas stated.
Chatting with TOI, Rajiv S. Khanna, Lawyer-Supervisor at stated: “These coverage modifications are a agency step in the appropriate route. The sooner coverage, {that a} USCIS declare might be denied just because the adjudicator subjectively decided the case to be fatally flawed, was a reason behind nightmares for claimants and immigration attorneys. . A return to the demand for proof offers stakeholders the sensation of resting in the truth that their circumstances (that are filed at a excessive value and are critically vital) is not going to be dismissed on the whim of an agent. ‘arbitration.
Expedited processing is a particular state of affairs service that USCIS considers for profit claimants who urgently want a choice on their immigration profit declare. USCIS critiques these requests on a case-by-case foundation.
Mitch Wexler, companion at Fragomen, a world immigration regulation agency says, “USCIS has additionally clarified the factors for figuring out whether or not an immigration case qualifies for expedited processing, as a result of extreme monetary loss. A enterprise that seeks to expedite the decision of a case could show severe monetary loss, whether it is susceptible to failure, shedding a essential contract, or being pressured to put off workers. ”
“Additional, an individual might be able to show severe monetary loss by establishing a lack of employment, however their must get hold of employment authorization alone, with out different compelling elements, wouldn’t warrant expedited processing,” explains Wexler.
Khanna illustrates: The brand new coverage specifies that for people, lack of employment could also be ample to ascertain severe monetary loss. For instance, the lack to journey for work that may end in job loss may justify expedited processing. This occurs in circumstances the place a driver’s license just isn’t renewed as a result of an absence of a piece allow.
Below the brand new coverage, nonprofits may also request cargo of their requests, though premium processing, which comes with a $ 2,500 charge, is in any other case accessible for such circumstances. It will scale back prices for non-profit organizations.
The validity interval for inexperienced card candidates who apply for a piece authorization doc (EAD) will now be two years, each for the primary and for the renewal. SAD.
Florida-based immigration lawyer Ashwin sharma, informed TOI, “This can be a nice concept that can scale back the workflow of USCIS, which makes specific sense contemplating that USCIS expenses little or no charges for this class of circumstances. . This selection has been urged by a number of stakeholders over time, and its implementation can even scale back the chance of a candidate’s job disruption, which has plagued many recently.

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