USCIS acts again to improve US immigration, US govt. scraps Trump memo

Visa or extension applications will not be denied outright, under new USCIS policy

The US administration has prioritized the improvement of the country’s legal immigration system and it’s going about the removal of unnecessary impediments existing in US immigration processes, especially those that concern visas to work in USA.

The USCIS has made an announcement that introduces a series of updates in its immigration policy. This will be good news to immigration candidates in different countries in the world. It will develop the aspiration in foreigners to work in USA.

The latest among the rules updated is the rescindment of a memo issued in the Trump era (July 2018). USCIS has rescinded the memo that allowed immigration officers to deny requests for benefit outright. These requests include a visa application or an application for a visa extension. The memo had authorized US immigration officers to deny without seeking further evidence first or issuing a NOID (Notice of Intent to Deny).

The government has reinstated a policy memo from June 2013. With this move, USCIS has made a statement that companies and foreign nationals should in the general case be provided a chance to correct mistakes that can be deemed innocent as well as omissions that happen unintentionally. The above-said parties should ideally be given a chance to submit additional evidence, foregoing the need for a resubmission of the complete application.

USCIS has also given clarity on the criteria for expedited US visa processing. Besides proving helpful to applicants, the validity period has been extended to 2 years for EADs (employment authorization documents) for applicants for Green Card.

What is expedited visa processing?
Expedited visa processing is done as a service exclusively for a special situation that USCIS finds eligible for due consideration for those who request benefits. It serves those who need their immigration benefit requests adjudicated urgently. The review of such requests is done by USCIS on a case-by-case basis.

It’s also learned that USCIS has clarified the criteria for whether a case of immigration can be given expedited treatment owing to severe financial loss. In case a company wants to speed up the judgment of an immigration case, it may show proof of a severe financial loss. The company is expected to also demonstrate if it’s facing a risk of losing a critical contract, failing, or is contemplating employee lay-offs.

In the case of an individual, he/she could show proof of serious financial loss by proving a loss of job. However, their need to get employment authorization alone, sans other compelling factors, wouldn’t warrant expedited treatment.

Under the new policy, non-profit organizations can also make a request to expedite their US immigration visa applications. This can be done even if premium processing is available, for a fee of $2,500, in such cases. This is known to reduce costs for non-profit organizations.

A 2-year validity is available for applicants of Green Card who apply for an EAD (Employment Authorization Document). This will be so for both the first and renewal EAD.

If you are looking to Study, Work, Visit, Invest or Migrate to USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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