Wed. Dec 6th, 2023

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Biden admin lifts Trump-era regulation on US visa rejections

2 min read
Consequences for the H-1B Employee

As good news to thousands of visa candidates to the US, the Biden government has lifted a Trump-era regulation that allowed immigration officials to reject visa applications (including the H1-B) rather than first giving notification of aim to deny to the candidates.

The US Department of Homeland Security (DHS) has officially removed the guideline which was at first proposed by previous US President Donald Trump.

On Wednesday, 9th June 2021, The US Citizenship and Immigration Services (USCIS) gave a statement mentioning that it was updating its policies around expedited processing of applications, changing the guidance around Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), and increasing the validity period for certain Employment Authorization Documents (EADs).

Trump-era Regulation on US Visa Rejections

The policy change implies that the candidates will now be offered a chance to correct mistakes and unintentional omissions. This move comes as a significant help to H1B visa seekers in India.

The H1B visa is a nonimmigrant visa that allows US organizations to hire foreign workers from nations like India and China. This visa is more well known among IT organizations and professionals. There are other immigrant visas that were affected also by the Trump-era policy. Which are L1, H-2B, J-1, J-2, I, F, and O.

[Biden admin’s spring agenda: Modernising H-1B visa program, revising wage methodology]

“We are taking action to eliminate policies that neglect to promote access to the legal immigration system. And will keep on making improvements that assist people with exploring the way to citizenship. Also, that modernize our immigration system“, said Secretary of Homeland Security Alejandro N. Mayorkas.

The USCIS also said that they will increase the current one-year validity period. On both initial and renewal EADs to two years for certain adjustment of status candidates. This is expected to reduce the number of employment authorization requests. Moreover, USCIS receives and will allow them to shift limited resources to other priority areas.

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