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Effective Now: Memorandum Lets Adjudicators Deny Petitions without NOID or RFE

Credential Evaluation, immigration, Visa Approvals

th, 2018.  This memorandum allows adjudicators to deny incomplete applications, requests, and petitions without first issuing an NOID and RFE. Before the memorandum, adjudicators were required to issue an RFE or NOID instead of outright Denials unless there was absolutely no possibility that the case would be approved.  Now, adjudicators have broader discretion to flat out deny petitions. CIS says that the purpose of this memorandum is to deter “placeholder” petitions, which are incomplete petitions with vague answers that are later clarified in RFE responses.  Adjudicators can now deny these cases flat out.  Some examples include petitions submitted without supporting evidence or severely lacking in supporting evidence, petitions submitted with questions left unanswered, and petitions that require additional official documents or evidence but are submitted without them. While this amendment sounds alarming, in theory it really doesn’t change much for petitioners.  From what we can tell at TheDegreePeople, reports of issue have been exaggerated.  It has always been generally advised for petitioners of all visas to submit complete petitions, on time, with all supporting evidence and documentation included.  In this sense, nothing has actually changed when it comes to optimizing your chances of visa approval. However, laws on the books are different from laws in action.  To see the full scope of how this new memorandum will change visa approval, we will have to wait and see how it all plays out with USCIS.  In the meantime, it’s now more important than ever that you get the petition right the first time.  That means identifying where CIS is likely to have questions about your case and providing any additional evidence they will need before they have to ask for it. At TheDegreePeople, we have been working with RFEs for years and follow CIS approval trends.  The best way to answer an RFE now, as it has always been, is to prevent it in the first place.  Visit TheDegreePeople.com to chat with us about your case. Have you encountered issues with this new memorandum?  We want to hear about it!  Comment here to post your opinions and experiences regarding this matter.      ]]>

3 Details to Remember When Filing Your H1B Petition

Credential Evaluation, immigration, Visa Approvals

  • Keep a Blue Pen Nearby. You need to sign everything in blue ink so the USCIS work evaluating your petition knows which signatures are originals and which signatures are yours from the time you filled out your petition. They’re going to request a host of original documents. Make it easy on overworked eyes to tell which signatures are originals and which ones are yours.
    • Double-Check for Inconsistencies before Filing. This cannot be stressed enough. USCIS workers cannot assume what you meant if some of your answers contradict each other or don’t match up with the resumes, transcripts, and other documentation accompanying your application. Don’t mail in a petition without meticulously going over your answers.
    • Include a Credential Evaluation. If your degree is from somewhere besides the United States and you submit your petition without having your degree evaluated by an authorized credential evaluation agency, the USCIS has no way of knowing the value or your education. Since you need a bachelor’s degree or higher for an H1B visa, it is essential for you to be able to clearly show what your degree means in terms of US academic standards.
    USCIS workers cannot make assumptions about anything on your petition. Competition is too fierce to skimp on important details. Never be too hurried to double check your work, include all necessary documentation, and take that extra step to make your petition clear to the reader.  ]]>

    Ten Leading H-1B Visa Users Outsource Overseas Job Opportunities. US Firms Use This to Criticize H1B Process.

    Press

    www.TheDegreePeople.com/) urge that further investigation of the facts must be done before asking Congress to act on this matter. The leading H-1B users got 40,170 H-1B visas during the financial year of 2012 and applied only for 1,167 green cards, which were based on their particular jobs. These kinds of visas let immigrants to initiate their own firms that would definitely result in the creation of US job opportunities and eventually wealth. It is important to understand that the Green Card process is very long and slow and the difference in numbers are caused by many different factors such as retrogression and the EB2 education requirements. Apter stated that any kind of scheme, which is related to enhancement in the skilled immigration, has to be based on green cards. CCI agrees that the Green Card process must be streamlined so that there is a clear path from the H1b to the Green Card.]]>

    Will Passing Immigration Reform Further Backlog USCIS Caseloads?

    Press

    TheObama administration had made immigration reform a high priority issue. Will this increase in case load of the non-documented slow down processing for legal worker? (EMAILWIRE.COM, November 05, 2009 ) Fort Lauderdale/Miami FL, The current presidential administration has declared immigration reform to be a high priority issue. At present, the administration has focused primarily on the country’s economics and the need for reform of the American healthcare system. The United States Citizenship and Immigration Service (USCIS), however, is preparing for the eventual announcement that the President is turning his eyes to comprehensive immigration reform, commonly referred to as CIR. Once this reform has been initiated, USCIS expects a considerable increase in numbers of cases. Prior to the most recent presidential election, Obama indicated his resolve to significantly reform the immigration process. He has made it clear that this reform will involve the large numbers of undocumented immigrants currently residing in the United States. In fact, part of the reform proposal is expected to contain a plan for status legalization for many of these people. Sheila Danzig, executive director of a foreign degree evaluation agency Career Consulting International, has stated that America’s present economic condition makes it likely that legalization will be strongly opposed, and the current lack of jobs for legal residents and U.S. citizens makes opposition even more likely. Despite this, USCIS is aware that at least some cases will be presented to that agency for consideration, and this is likely to bog down an already backlogged immigration service even further. At present, persons who apply for I-140 visas (which are also known as “green cards”) must wait up to one year after their petition is filed for an interview to be scheduled. The process can be complicated by documentation or education issues. Sometimes, the USCIS issues a Request for Evidence, or RFE, indicating that some aspect of the petitioner’s application – possibly the labor certificate or educational credentials – requires further investigation. Many companies who employ legal residents, as well as workers residing in the U.S. on temporary work visas, such as H1B visas, are concerned that this anticipated increase in USCIS’s caseload will further slow the visa approval process. Many employers depend on highly trained or skilled workers who enter the country on employment-based visas, and could experience a shortage of trained employees if this potential problem does become a reality. The USCIS caseload is already backlogged, and the H1B visa cap did not fill for 2009 as a consequence, in part, of the recession. If the economy does recover substantially, and visa applications do increase significantly in the coming year, USCIS will need to meet the usual demands of H1B visa season, as well as Obama’s proposed immigration reform. Career Consulting International, other foreign credential evaluation agencies, immigration attorneys, and the American public will watch the reform proposals with interest. How they affect the USCIS remains to be seen, but an increased caseload is almost certain. For more information about foreign credential educational evaluations for H1B or I-140 Visas, visit www.thedegreepeople.com or call 1-800-771-4723.]]>

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