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Two key U.S. Citizenship and Immigration Services policies will go into effect Tuesday. USCIS will implement a new policy giving adjudicators more discretion to deny cases without first issuing requests for evidence (RFEs) or notices of intent to deny (NOIDs). It will also expand its current suspension of premium processing to cover most H-1B petitions, including transfer and amended petitions.
Petitioners may still request expedited processing, but this is granted only in very limited circumstances such as an emergency, severe financial loss or USCIS error. USCIS encourages petitioners to provide documentary evidence in support of these requests. These decisions are made on a case-by-case basis at the discretion of USCIS.
BAL Analysis: BAL has routinely supported its clients in providing all initial evidence listed in regulations when a petition is filed. This has led to a very low RFE rate. Should the agency announce new requirements, BAL will work to adjust accordingly. Companies and applicants are encouraged to work closely with their BAL professional should additional information be requested.
With respect to the premium processing suspension, applicants should anticipate delays in H-1B processing for pending cap cases and for transfer and amended petitions that are filed on or after Sept. 11. BAL professionals remain available to advise companies on the impacts of the premium processing suspension.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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