As you know once the Trump Administration has taken office they have been doing everything they can to stop the abuse of the H1B program. They have launched many things like tightening the application processing process, increasing site visits, setup email to send the fraud cases, many bills in the senate for the change in H1B program. The most recent one is the change to the H1B extension adjudication process.
What is the new rule for H1B extension in 2017 by Trump Administration ?
Basically, there was a press release done by the USCIS in October 2017 that said that the adjudication process for H1B and L1 extensions would be changed. It was more of a policy guidance to the officers who assess the submitted H1B applications. In the past when you apply for H1B or L1 extensions, your applications previous decision was given respect and importance by the officer who was handling your case. Now, with the new rules, they have removed that. What the policy tells is that, the extension case of H1B will be treated the same way as a new application and the USCIS officer will have to apply all the process that he would do for a new application.
The biggest change for employers is that they need to make sure that they submit all the documentation and the onus of submitting the documentation is on them. In the past, the onus of judging the application was on the USCIS officer where they had to consider the old decision and then judge the case appropriately, now the onus is shifted to the employer
That’s it ! it is not a mountain change for all the genuine cases and employers who have been filing H1B extensions, but will have an impact on the shady consulting companies that have not been following process and have got approvals in the past…
Check out the actual press release by USCIS on H1B extension for more details.
What do you think ? Will it have major impact ?