Stricter policies on non-immigrant visa renewals
On October 23, 2017, the US Citizenship and Immigration Services issued a new Policy Memorandum rescinding a prior 2004 memorandum that gave deference to prior determinations of eligibility when adjudicating petitions involving the same parties and underlying facts as the initial petition. This updated memorandum now directs adjudicators to apply the same level of scrutiny to both initial petitions and extension requests for certain non-immigrant visa requests even when the petitioner, beneficiary, and underlying facts are unchanged from a previously approved petition. This guidance applies to nearly all non-immigrant classifications filed under Form I129. Majority of these nonimmigrant workers affected are those under H1B visas which are issued mostly to those employed in technology and computer industry, health (physical therapists and medical technologists) and other sectors that require a specialty occupation.
As you may recall, on April 18, 2017, President Trump issued the "Buy American and Hire American Executive Order" which seeks to create more jobs and protect US workers by tightening the enforcement and administration of immigration laws. This updated memorandum is one of the means to achieve the goals of that executive order.
This new policy only adds another layer of uncertainty for temporary workers and their employers. While extension requests were never automatic before, in most cases, which are in three-year increments, they were granted without too much burden on the part of the applicant. We shall find out in the coming months if this change would lead to more intended benefits such as increased fraud detection and higher employment rate among US-based workers, or if it causes undue harm to the industries that rely heavily on skilled foreign labor.
So, if you hold a non-immigrant visa such as an H1B and you are affected by this memorandum, it would be worth your time to talk to your employer if you qualify to be petitioned for an employment-based immigrant visa. Or you may also want to think of your other immigration options if you qualify. There are a lot of changes going on in US immigration policies right now that may cause an employee to think about one's status. Unless one is already a US citizen, all immigrants, whether legal, undocumented, temporary or even permanent residents, are vulnerable to the ever-shifting and constantly changing immigration policies of the present administration.
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In another update, be prepared to undergo a more thorough security screening process at airports as new and stricter security measures are already enforced for all US-bound airline passengers starting last Thursday, October 26. Expect more delays, longer lines at security checks, more thorough inspections of luggage and carryon items. Airline and security personnel may even conduct a short interview when you checkin, asking you more questions and details about your trip such as your purpose, itinerary, travel plans, etc. In today's era of terrorism, these kinds of measures, though inconvenient, has become necessary. All we can do is just adapt to it.
‘Unless one is already a US
citizen, all immigrants, whether legal, undocumented, temporary or even permanent residents, are vulnerable to the
ever-shifting and constantly changing immigration policies of the present administration.’