SEPTEMBER 2018

New Memorandum Grants USCIS Authority to Deny Petitions Without First Issuing an RFE or NOID

On July 13, 2018 USCIS issued a second memorandum announcing another drastic policy change. Beginning September 11, 2018, USCIS adjudicators will now have the authority to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). 

Prior to the July 13, 2018 memorandum, adjudicators were instructed to issue RFEs and not deny a case unless there was no possibility that the deficiency could be cured by admission of additional evidence. Now, adjudicating officers may deny cases where all required initial evidence is not submitted.

We will provide additional updates as information and details emerge as to how this policy will be implemented. However, employers are encouraged to plan ahead and speak to our experienced immigration attorneys to strategize their cases going forward to minimize the chances of a petition denial.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com .

Premium Processing Suspension Extended and Expanded by USCIS for H-1B Petitions

On August 28, 2018, USCIS announced that they will expand and extend the suspension of the Premium Processing service for H-1B cap-subject petitions after temporarily suspending the service in April 2018. This suspension was originally expected to terminate on September 10, 2018 but will now likely last until February 19, 2019.

USCIS additionally added that, starting September 11, 2018, it was expanding the Premium Processing suspension to include all H-1B petitions requesting a change of employer or an amendment to previously approved employment. Employers intending to sponsor an H-1B Beneficiary for one of these petition types must submit their requests by September 10, 2018 if they wish to file with a Premium Processing request. It is important to note that Premium Processing will not be suspended for H-1B cases filed as a continuation of previously approved employment without change with the same employer or cap-exempt employers. 

Petitioning employers may still submit requests for expedited processing for pending H-1B cases only if they meet specific criteria provided by USCIS. Requests for expedited processing will be reviewed on a case-by-case basis at the discretion of the Service Center adjudicating the request. Employers should contact the experienced immigration attorneys at Monty & Ramirez to review potential eligibility for expedited processing.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com .

Common H-1B RFEs to Expect This Year

Three (3) common Requests for Evidence (RFE) issued this year by the U.S. Citizenship and Immigration Services (USCIS) for H-1B petitions are categorized as Wage Level RFEs, Specialty Occupation RFEs and Education RFEs. 

If USCIS feels the wage is too high or low for the position based on the wage level, duties and qualifications of the position they will issue an RFE. Employers must provide a detailed description analyzing the duties and factors taken into consideration when determining the wage level to overcome such a request.

Further, if USCIS questions that the offered H-1B position does not in fact require at a minimum a U.S. bachelor’s degree or higher, or a foreign equivalent, they will likely issue an RFE. Employers are encouraged to submit adequate documentation evidencing the need for the job Applicant to possess, at a minimum, the necessary advanced degree. Such evidence may include job ads, proof of past hiring practices and expert opinion letters.

If an H-1B Beneficiary has an incomplete degree, a degree in a different field than required for the position and/or a foreign degree, USCIS may issue an RFE requesting additional proof that the Beneficiary in fact possesses the appropriate degree. In this scenario, Employers are encouraged to submit a detailed credential evaluation to ensure the RFE is overturned.

Employers should note that each RFE response should be carefully crafted to tailor the individual facts and issues in their case. If you or an employee has received an RFE, the experienced immigration attorneys at Monty & Ramirez are here to help. Our attorneys have extensive experience drafting RFE responses to USCIS and can help facilitate the process in a timely manner in order to meet the USCIS’s strict deadline for submitting a response.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com .

USCIS Announces Increase to Premium Processing Fees

On August 31, 2018, USCIS issued a final rule increasing the Premium Processing filing fee for all eligible petitions from the current rate of $1,225 USD to $1,410 USD, beginning October 1, 2018. USCIS rationalized the almost 15% increase as consistent with inflation, as the current fee was last adjusted in 2010.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at  info@montyramirezlaw.com .

The September 2018 Visa Bulletin has arrived!

The Visa Bulletin for September 2018 has been released by the Government. For more details, go to https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-september-2018.html.

If you have questions about the September 2018 Visa Bulletin, contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at  info@montyramirezlaw.com .

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