U.S. makes H-1B visa renewals more difficult

New rules require a petitioner to re-substantiate his application in the course of renewal
Fresh adjustments in regulations notified with the aid of the U.S. Citizenship and Immigration services (USCIS) for renewal of non-immigrant visas will severely effect H-1B visa holders. Petitions for renewal of H-1B visas, particularly while the underlying facts that supported the authentic petition have not modified, are presently considered with a presumption of approval, but with a purpose to not be the case, USISC stated in a announcement issued Monday late. therefore, the load of evidence will be on the petitioner to verify his software even when nothing has changed since the preceding petition.

the new rules are in step with the Donald Trump management’s buy American, rent American policy, USCIS stated. growing restrictions on H-1B visa programme remains a factor of subject within the India-US relations, as a majority of these visitor employees are Indians. the new modifications had been announced at the same time as a complete review the H-1B programme is underway.

“The up to date steering instructs officers to apply the equal degree of scrutiny whilst reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary and underlying information are unchanged from a formerly accredited petition. whilst adjudicators might also ultimately reach the identical end as in a previous decision, they may be not forced to accomplish that as a default place to begin as the burden of evidence to establish eligibility for an immigration advantage usually lies with the petitioner,” a declaration with the aid of the USCIS said.

“USCIS officers are on the the front strains of the management’s efforts to decorate the integrity of the immigration system,” said USCIS Director L. Francis Cissna. “This updated steering presents clean path to assist develop policies that defend the hobbies of U.S. employees.”

The new policies will effect all changes sought by using H-1B visa holders, said Karthik, a brand new Jersey Indian American who did not want to offer his ultimate call, as businesses bar transient people from commenting on the problem. generally, an H-1B employee is going to the USCIS for 3 sorts of adjustments to his fame – modification, transfer and renewal. Amendments are sought whilst an H-1B worker changes the region inside the identical employer; switch is sought when he actions from one employer to another, and a renewal is sought at the expiry of the visa, that is usually issued for three years at the start. “…adjudicators ought to very well evaluation the petition and assisting proof to decide eligibility for the benefit sought,” the USCIS has stated.

The preceding coverage — which has been in pressure for thirteen years — told officials to give deference to the findings of a formerly accepted petition, as long as the important thing factors had been unchanged and there has been no evidence of a cloth error or fraud related to the prior determination. The up to date coverage steering rescinds the preceding coverage.

The weight of proof in establishing eligibility for the visa petition extension is on the petitioner, no matter whether or not USCIS formerly authorised a petition, the enterprise stated. “The adjudicator’s dedication is based totally at the deserves of each case, and officials may additionally request extra evidence if the petitioner has now not submitted sufficient proof to set up eligibility.”