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United States makes H-1B visa renewals tougher

United States makes H-1B visa renewals tougher”

The H-1B is a common visa pathway for high-skilled foreigners to work at companies in the U.S. It's valid for three years, and can be renewed for another three years. "The burden of proof to establish that eligibility will, in any case, be the responsibility of the applicant".

The new directive is in sync with the Donald Trump administration's goal to protect American workers from discrimination and replacement by foreign labour, NumberUSA website said. The new changes were announced even as a comprehensive review the H-1B programme is underway.

Although the thing seems a mere formality, the truth is that it is fussy bureaucrats to add more letters to the small print with the sole objective of giving the green light the already annoying immigration agents to fuck shaft foreign workers with the argument of protecting "the highest interests" of American workers.

"USCIS officers are at the front lines of the administration's efforts to enhance the integrity of the immigration system", said USCIS Director L. Francis Cissna.

But now, during every extension, the applicant needs to prove that they are still eligible for the visa they apply for.

It is from there that it is understood the last press release of the Citizenship and Immigration Service (USCIS) in which the agency - attached to the Department of Homeland Security - reports its decision to apparently make a change in the procedure of granting extensions of special visas to professionals from other countries. Primarily, an H-1B worker goes to the USCIS for three types of changes to his status - amendment, transfer and renewal.

The directive rescinds the previous guidance, which gave "deference" to previously approved visas "as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination".

"In adjudicating petitions for immigration benefits, including non-immigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought".

Under an April 23, 2004, USCIS guidance, officers were instructed to defer to the prior determination of eligibility made in the initial petition when deciding whether to grant an extension of stay that involved the same parties and the same underlying facts.

The new policy revokes and supersedes the 2004 guidance and Section VII of the 2015 guidance.



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