Important Immigration Law Updates
USCIS Policy Change Concerning the Issuance of ‘Request for Evidence’ and ‘Notice of Intent to Deny’
According to a USCIS Policy Memorandum, beginning September 11, 2018, it will be easier for officers to deny applications without asking for further evidence or a chance to argue against their denial which they previously did with a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). E, L, and H type visa as well as greencard applications filed after September 11, 2018 will be most affected.
Previously, if an application was missing evidence, the USCIS officer could not deny the application unless there was “no possibility” the applicant could provide proof of eligibility.
Now, with this policy change, lack of corroborating evidence can mean being denied without being asked for further proof. This was done in order to free officers of the burden of frivolous applications. But, it makes it easier for eligible applicants to be denied for not providing the necessary proof.
It is important to note that RFE s or NOID s will still continue being issued, only less. If there is minor absence of information which the USCIS officer believes was accidentally left out, he or she can still issue an RFE. However, in order to make sure you are providing the proper corroborating evidence, you should contact your lawyer who will inform you of the necessary documentation and will file your application correctly.
Increased Premium Processing Fee
The Department of Homeland Security has readjusted the premium processing fee by 14.92 percent from $1,225 to $1,410. This new fee will go into effect beginning October 1st, 2018.
With the premium processing service, an applicant is notified with a adjudicated decision in 15 business days upon the receipt of the application by the USCIS. Without filing with premium processing, an application can take over 6 months to receive a decision.
Department of Homeland Security: Updated Fees for SEVP
The Department of Homeland Security has proposed the following adjustments to the fees charged for the Student and Exchange Visitor Program (SEVP):
| Fee type | Current fee | Proposed fee | Incremental fee adjustment |
|---|---|---|---|
| I-901 F/M | $200 | $350 | $150 |
| I-901 J-Full | 180 | 220 | 40 |
| I-901 J-Partial | 35 | 35 | 0 |
| I-17 Initial Certification | 1,700 | 3,000 | 1,300 |
| I-17 Recertification | 0 | 1,250 | 1,250 |
| Site Visit—initial | 655 | 655 | 0 |
| Site Visit—new location | 0 | 655 | 655 |
| Appeal Fee | 0 | 675 | 675 |
Update to the Issuance of a Notice to Appear (NTA)
Acording to a memorandum issued by the U.S. citizenship and immigration Services (USCIS) on June 28, 2018, officers will be issuing a Notice to Appear (NTA) when an individual is removable and there is evidence for criminal activity, fraud, abuse of the system or if an applicant is unlawfully present in the U.S. upon being denied an immigration benefit.
This updated guidance for USCIS officials as well as U.S. Customs and Border Protection (CBP) enables them to issue a Notice to Appear without referring cases of removable foreign nationals to U.S. Immigration and Customs Enforcement (ICE) to let them determine the initiation of removal proceedings. With this new policy, USCIS officers no longer need to consult ICE to initiate removal proceedings and is less liklier to permit the denied applicant’s voluntary leaving.
This means that USCIS will be issuing an NTA in all cases where the beneficiary is out of status at the time the immigration benefit is denied. The main effect of this new policy will be felt by employment visas such as H1-B or L1 applications.
This new policy is not yet in effect since the operational guidance is still pending issuance. However, If you are issued NTA, do not leave the country before appearing in front of an Immigration Judge. If you do not appear in court, you will get deportation order and you can get a bar of 5 to 10 years for re-entry to the US as well as issues receiving a visa afterwards.
H-1B Visa Premium Processing Temporary Suspension Extended
USCIS is extending the temporary suspension of premium processing for cap-subject H-1B petitions and is going to be expanding this temporary suspension to include certain additional H-1B petitions after September 11, 2018. The suspensions will last until Feb. 19, 2019.
However those who satisfy at least one of these criteria, can still request the expedition of their applications. Cap-exempt petitions can still file for premium processing. Please check here for other petitions that can still file for premium processing and further information on the subject.