Indians, particularly those in the tech industry, that are the significant beneficiaries of their H-1B non-immigrant visa application, are well aware of the challenges connected with searching for a visa expansion.

It means another price for the sponsoring company and stress for your visa holder.

Lately under the Biden government, the United States Citizenship and Immigration Services (USCIS) has instructed its officials to reevaluate to past blessings when expanding visas, like the H-1B visa.

Simply speaking, USCIS is reverting to the sooner long-standing advice issued in 2004.

The Trump government had revoked this advice and required each visa expansion be handled as a fresh program.

This had contributed to a spike in requests for extra documentation (called Requests For Proof — RFEs) which increased administrative costs for both deploying companies and contributed to delays.

Or in some other cases, there was a blatant refusal of visa extensions on several grounds.

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H-1B visa extensions would be simpler since Trump-era memo will be revokedMUMBAI: The United States Citizenship and Immigration Services (USCIS) has instructed its officials to reevaluate to past blessings when expanding visas, like the H-1B visa.

Simply speaking, USCIS is reverting to the sooner longstanding advice issued in 2004.

The Trump government had revoked

But more could be done in order to enhance the legal system.

In response to invitations to people to submit their proposals, David J.

Bier, a research fellow at the CATO Institute, stated,”that the USCIS must substitute the limit on first H-1B request blessings using a six-year limitation, along with also the Department of Labour (DOL) must revert to its prior regulation permitting a six-year endorsement of this labor state software.” The legislation allow extension past six decades only as long as the H-1B visa holder would be after the practice of getting a permanent status (green card).

In his submission to the USCIS, Bier added,”Although the legislation envisions employment of six-years, DOL and USCIS regulations restrict LCA and visa request approvals to no longer than three-years.

Filing for an extension following three years is also an unnecessary and costly burden.

Employers and employees suffer unjust expenses and possible flaws, and USCIS and DOL are bombarded with added reviews of substances they have previously approved and reviewed.

In financial 2020, H-1B employees and companies needed to record over 320,000 extension asks ”
An overview of those USCIS data indicates the those 3.19 lakh H-1B visas issued to people born from India (that can be 74.9 percent of their complete H-1B visas issued throughout the financial year ending September 30, 2020), 2.45 lakh were lobbied for visa extensions.

From the background of the current policy manual upgrade, which involves upon immigration officials to reevaluate past concessions when expanding visas, Bier clarifies there is not any longer any basis for specifying”coming briefly” to imply over six decades.