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USCIS Reverses Trump-Era Policy Denying Certain Immigrant Visa Applications

Biden has plans to help facilitate legal immigration

Previously, if immigration applications were rejected, immigrants would have no other options. Now, if a request is to be rejected, there will be a pause and a request for more information. The previous rule from the 2018 Trump era allowed immigration officials to reject H-1B applications before issuing a notice with the intent to deny them. Now the application period is extended and you also have options to speed up the process for work reasons. Employment authorization documents (EADs) will now have more time if more proof is needed. Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) will also have more guidance. Also, expedited processing will be easier to obtain.

Accelerated processing

Biden's management hopes to facilitate expedited processing of applications, even when they are eligible for premium processing. Non-profit organizations can submit an application to expedite the process for an applicant.

Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs)

In an effort to help immigrants and make the process more welcoming, immigration officials can now ask for more information if an application is incomplete or completed incorrectly. The Biden administration hopes this policy change better reflects American values. USCIS stated: "In general, a USCIS officer will issue an RFE (requests for evidence) or NOID (notices of intent to deny) when the officer determines what additional information or explanation may establish eligibility for an immigration benefit."

Employment authorization documents (EADs)

At this time, applications are valid for one year for both initial and renewal employment authorization documents (EADs). This will be extended to two years for people who are changing their status. The agency expects this to reduce the number of applications, resulting in a reduced number of delays in the current processing of adjustment of status applications. This will allow the agency to shift to priority areas.

Homeland Security Secretary Alejandro N. Mayorkas said in a statement: "We are taking steps to eliminate policies that do not promote access to the legal immigration system and will continue to make improvements that help people navigate the path to immigration. citizenship and modernize our immigration system. " The Biden administration seeks to better support legal immigration and all immigration officers and judges who work in the system.

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