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Because the Biden administration begins to undo the immigration injury brought on by the earlier management, yet one more USCIS coverage from the previous is being reinstated. This time it’s concerning the renewal of sure visas classes. USCIS officers are to defer to the deserves of earlier approvals for any renewals or extensions of some visas together with the most well-liked, work visa, H1-B.
Which means that if there aren’t any materials modifications to the job profile or duties of the beneficiary, and all different validity standards are met, the H1-B visa extension is automated and easy.
The Trump administration had required that every visa extension be handled as a contemporary utility. This meant that even when there have been no modifications within the applicant’s work profile, the work visa might be rejected for an unrelated cause. This led to the next disadvantages –
Super enhance in supplemental documentation, including undue paperwork to the already tedious utility course of;
- Improve in Request for Proof, which was a continuing have to show each side of the applying that was already authorised earlier,
Do You Know Why You May Get An RFE As a substitute Of An Approval?
- Improve in administrative prices for sponsoring employers,
- Improve in labor employees and consequent bills for USCIS
- Improve in extreme delays in processing these extension functions which have been easy up to now and
- Over the course of the previous few years, there have been a number of courtroom instances filed in opposition to such practices and whereas some have been gained in favor of the H1-B candidates, many nonetheless dragged on over time.
Exceptions To The Rule
In sure instances, the consular officer could not defer to the prior approvals.
Associated Article: Prime 10 Causes For H1-B Denials & RFEs – Which Ones To Count on This Yr
The present directive to consular officers is that if there are any materials modifications to the present work standing or any new info is discovered pertaining to the job duties and in whole will undermine the applicant’s eligibility for the visa, the officer can rethink the extension.
This coverage may also not apply if the consular officer finds an error within the earlier adjudicating of the H1-B visa.
Aid
The H1-B and different non-immigrant visa group applauds this easy revert to how issues have been earlier. The sponsoring employers can depend on having constant employees with out having to fret about their visa standing each time an extension is required.
H1-B, or L1, staff can breathe a sigh of reduction figuring out that they don’t seem to be going to be uprooted from their place of keep and jobs each couple of years.
Associated Learn: THIS Is What You Want For Your L1 Visa Extension & Renewal
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