Posts in Nonimmigrant
NFAP Report Confirms Significant Increase in H-1B RFE and L-1 Denial Rates

A recent report by the National Foundation for American Policy (NFAP) confirms that the USCIS has exponentially increased the number of requests for evidence (“RFE”) it has issued for H-1B petitions and denials of L-1 petitions this past year as a result of the Trump administration’s “Buy American, Hire American” Executive Order.  Notably, for H-1B petitions, the RFE rate jumped from 17.3% in Q1 (under the Obama administration) to 69% in Q4 2017.

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USCIS Confirms that Delays in Approving I-751s Will Continue

During a stakeholders teleconference yesterday, USCIS confirmed that processing times for Form I-751, Petition to Remove Conditions on Residence, would continue to slow down as the agency intensifies its efforts to identify marriage fraud.  Previously, I-751s were adjudicated within a year, but processing times are now reaching up to 20 months.

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USCIS Changes Policy on Accrual of Unlawful Presence for F, J, and M Nonimmigrants

U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum this week, changing the way unlawful presence will be calculated for students (F-1), exchange visitors (J-1), and vocational students (M-1), and their dependents, while in the United States. The new policy memorandum will take effect on August 9, 2018.

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