Immigration News Briefs
USCIS Implements New Policy Regarding Denials
On July 13, 2018, USCIS had issued a memo which rescinded the previous 2013 memo on providing Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) before denying a petition. Basically, it stated that effective September 11, 2018, a case could be denied without the officer issuing a RFE or NOID, if it was lacking in required initial evidence. On September 6, 2018, USCIS held a teleconference with stakeholders to clarify the new guidance; the main points were as follows:
• DACA and DACA-related applications are exempt from the memo, as well as asylum and refugeerelated filings.
• Restores full discretion to adjudicators to issue denials without first issuing a RFE or NOID on statutory bases and for frivolous and/or incomplete filings.
• Discourages incomplete or "placeholder" filings.
• The intent of the policy is to allow USCIS to focus resources on adjudicating applications instead of tracking down missing evidence.
• USICS will post new checklists on the USCIS website as an operational tool to assist the public regarding what is the initial evidence required for a particular immigration benefit. These checklists are not meant to replace / change the regulatory requirements. The public still needs to review all statutes, regulations, form instructions, etc.
• The memo does not impact or change the public’s appeal rights.
• Under the new policy, USCIS adjudicators have full discretion to deny an application if initial evidence is not submitted or if the record does not establish eligibility.
Please note that this does not mean that officers will no longer issue RFEs or NOIDs. USCIS has stated that “innocent mistakes” should not be penalized by a lack of RFE. Also, officers will still explain reasons for denials. In addition, the new policy applies only to cases received by USCIS on or after Wednesday, September 12, 2018. For a case received prior to September 12, even if it is a year or more before the case is reviewed, that case will be reviewed under the prior 2013 policy guidance.
USCIS Increasing Premium Processing Fees
USCIS has announced that as of October 1, 2018, it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225.
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.
APPLICATION FINAL ACTION DATES FOR October 2018
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
01Jun11 |
01Jun11 |
|
2A |
22Aug16 |
22Aug16 |
|
2B |
22Nov11 |
22Nov11 |
|
3rd |
15Jun06 |
15Jun06 |
|
4th |
01May04 |
15Feb05 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Jun16 |
01Apr17 |
|
2nd |
26Mar09 |
Current |
|
3rd |
01Jan09 |
Current |
|
Other |
01Jan09 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - October 2018
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08Mar12 |
08Mar12 |
|
2A |
01Dec17 |
01Dec17 |
|
2B |
22Mar14 |
22Mar14 |
|
3rd |
08Jan07 |
08Jan07 |
|
4th |
01Jan05 |
01Jun05 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Oct17 |
01Jun18 |
|
2nd |
22May09 |
Current |
|
3rd |
01Oct09 |
Current |
|
Other |
01Oct09 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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