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H-1B Visas: Starting September 11, 2018, USCIS May Deny Cases Without Asking for RFE or NOID

On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum which gives an adjudicator more discretion to deny an H-1B application without first issuing a Request for Evidence (RFE ) or Notice of Intent to Deny (NOID).

The updated policy takes effect on September 11, 2018 and applies to all applications, petitions and requests that are received after the effective date.

The previous policy, issued on June 3, 2013, addressed the issuance of RFEs and NOIDs when the evidence submitted did not meet the eligibility requirements. The previous policy stated that ‘unless there was no possibility of approval, an adjudicator should first issue a RFE before issuing a denial of the case.’ Moreover, USCIS claimed the intent of the policy was to discourage frivolous or substantially incomplete fillings that were used as “placeholders”.

The upcoming policy, starting on September 11, 2018, indicates that an adjudicator may deny a case without first issuing an RFE or a NOID based on his/her discretion under some circumstances. For example, when a family- based petition isn't filed by family members under categories where is no legal basis to submit such a request; or when there is lack of sufficient evidence to support an initial application, such as a waiver application submitted with little to no supporting evidence.

Please contact us for more information or if you require assistance to submit a successful application.

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