H-1B denials and Requests for Evidence (RFEs) increased dramatically in the fourth quarter of fiscal year 2017 soon after President Trump took office, according to a report by the National Foundation for American Policy (NFAP) that used data from US Citizenship & Immigration Services (USCIS). The report by NFAP, a non-profit and non-partisan public policy research organization, includes data showing that H-1B petition denials increased by forty-one percent from the third quarter to the fourth quarter of the 2017 fiscal year. Additionally, RFEs issued in the first three quarters of the 2017 fiscal year came to 63,599 combined, almost equaling the total number of RFEs—63,184—issued in the fourth quarter of the 2017 fiscal year.
Read moreBloomberg Law: “Immigration Lawyers to Trump: See You in Court”
As a result of increasingly strict immigration policies and more petition denials under the Trump administration, more attorneys are considering suing the federal government. “I’ve been preaching the gospel” of litigation, attorney Thomas Ragland tells Bloomberg Law. Ragland says that although businesses have in the past been more reluctant than individuals to sue, he is encouraging corporate clients to pursue litigation in certain cases. He says: “Employers should consider litigation in cases where they think the agency got it wrong.”
Read moreUSCIS Updates Policy Guidance for When Adjudicators Can Deny Applications and Petitions
Last Friday, US Citizenship & Immigration Services (USCIS) published a policy memorandum that provides updated guidance to USCIS adjudicators regarding their “discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility,” a move that makes it easier for USCIS officers to deny applications and petitions.
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