07/19/2019

It’s no secret that the United States Citizenship and Immigration Services (USCIS) has been dramatically increasing its Requests for Evidence (RFE) and denials for H-1B applicants over the past few years. In just the periods between 2015 and 2019, USCIS increased their denial rate of H-1B petitions from 6% to 32%. Additionally, approximately half of H-1B petitions received an RFE letter in the second quarter of 2019. This unprecedented jump in denials and RFEs being issued has not gone unnoticed.

 

Representative Zoe Lofgren (D-CA), chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, found that they often issue RFEs and posit questioning to H-1B petitioners prematurely and without sufficient cause. This has been the trend that has led to an immense amount of RFE issues since the 2015 fiscal year. USCIS will often drive delays, including requiring in-person interviews for employment-based green card applications, and no longer defer to their prior decisions when adjudicating an extension application for a current visa holder. All of this significantly increases the number of RFEs issued and the wait period for each applicant to have their petition responded to.

 

USCIS Associate Director for Service Center Operations, Donald Neufeld, when questioned about this change of policy since 2015 by Rep. Lofgren admitted, “I can tell you that a number of changes have been made affecting H-1B processing over the last couple of years.” This is evidence that something is driving the USCIS to alter their policies in addressing immigration into the country. Because no actual law has been passed that would change the USCIS’ handling of H-1B visas, this suggests to us that the agency is facing considerable influence from Washington and the Trump Administration in their processing of new visa applications.

 

While it is encouraging to see our representatives investigate into USCIS’ recent policies, it is also a point of concern that they show no prospect of reversing their recent trends. Still, however, our firm encourages all future H-1B applicants to remain positive. With an experienced attorney who has seen many phases of the USCIS’ policies, and has the ability to tailor your application appropriately, your petition can be easily accepted. Therefore, we recommend you to contact Attorney Jing Feng to assist you in all of your immigration needs through this rough period of USCIS’ policies.