June 2021 Update: The USCIS stated they would rescind a 2018 Trump-era policy that allowed immigration officers to reject H-1B visa applications without first issuing a notice of intent to deny to the applicants. Learn more about this policy change below!
In 2018, a policy was implemented in the United States that allowed immigration authorities to deny visas without allowing the applicant to fix any mistakes. It also meant that immigration officers could deny an application if it is missing any pertinent information. Before this change, the officer had to send a notification to the applicant and allow them time to correct errors. This notification is known as Request for Evidence (RFE).
Related Article: Recent H-1B Visa Rules 2021
USCIS Rescinds Trump Policy To Deny Applications Without Notice
This was a decision made to reduce barriers to “legal immigration” and would be a positive step for many foreign national professionals. This now allows applicants to correct innocent mistakes and unintentional blanks after receiving an RFE or NOID. The USCIS also said they will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants. This will reduce the number of employment authorization requests USCIS receives and allow the agency to shift limited resources to other priority areas.
Why Were Officers Able To Deny Applications Without Notice?
During the Obama era, immigration officers were required to send an applicant a notification if there was an issue with their application. Applicants were then allowed to fix their application and re-submit it. Now, the officers have the authority to simply close down the process and deny visas. Applicants will no longer have a say in their review process. A shut-down could add months or years to an applicant’s process. If the person is applying from within the United States, that person could face deportation.
2018 Policy Effects on US Immigration
The RFE is an integral part of creating a fair system of legal immigration. It may be frustrating to receive an RFE but the notice gives applicants the ability to prove that they do meet immigration criteria. The administration believes that this move should help cut down on the number of frivolous applications immigration receives. However, some immigration lawyers worry that this will give individual immigration authors the ability to deny visas for personal, arbitrary reasons or technical issues like forgetting a table of contents. This will make legal immigration extremely difficult for people.
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