A sense of Congress states USCIS should process H-1B petitions within 30 days, a limit the agency fails to meet.
USCIS lists for issuing a Request for Evidence generally track with denials, as well as the problems cited in the ITServe Alliance lawsuit. Two of the top USCIS reasons listed are “The petitioner did not establish that they had a valid employer-employee relationship with the beneficiary” and “The petitioner did not establish they have specific and non-speculative qualifying assignments in a specialty occupation for the entire time requested in the petition.
Making an inference from the reasons listed for Requests for Evidence, Wasden and Banias argue the increase in processing times has affected information technology services companies the most. “The Agency is creating new legislative rules through informal adjudications and policy memos,” according tofiled in the lawsuit against USCIS. “It is applying them only to a subset of H-1B applicants – IT consulting firms.
USCIS delays and denials are wreaking havoc with people’s lives, with ruined careers being tied directly to USCIS policies.who have had their visas suddenly rejected thanks to new policies.” The story featured a common narrative: “2018, Usha and her husband Sudhir received the news they never expected: USCIS declined to extend Usha’s work visa, meaning the couple and their daughter would have . . . to leave the country before the U.S. government would consider their presence to be unlawful.
For most of 2018, USCIS policies made H-1B visa holders afraid to change jobs. If an H-1B professional started a new job and USCIS later denied the “extension” application, the professional and his or her family could be forced to leave the country. “The Trump administration is killing job portability for H-1B professionals,” said Vic Goel, managing partner of Goel & Anderson, in an interview in 2018.
, William Stock said, “Senses of Congress can be persuasive, for example, in a mandamus lawsuit over a delay.” Stock thinks Congress should empower the Office of the Citizenship and Immigration Services Ombudsman with some of the powers of the Taxpayer Advocate to enforce accountability for USCIS. Jonathan Wasden said in an interview he believes, “Filing lawsuits for unreasonable delays under the Administrative Procedure Act is the remedy.
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