IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 23 Oct 2017 | Removal date: open ended
Still in force

Post-migration treatment

On October 23, 2017 U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance that is expected to make it more difficult to renew H-1B visas. The H-1B visa program allows U.S. employers to employ foreign workers in specialty occupations.

The updated policy guidance in Policy Memorandum 602-0151 (PM-602-0151) instructs USCIS officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The new memorandum supersedes and rescinds an April 23, 2004 memorandum that directed adjudicators, when adjudicating petition extensions involving the same parties and underlying facts as the initial petition, to defer to prior determinations of eligibility except in certain, limited circumstances. Under the new memorandum, “In adjudicating petitions for immigration benefits, including nonimmigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought. The burden of proof in establishing eligibility is, at all times, on the petitioner.” It further provided that adjudicators “should not feel constrained in requesting additional documentation in the course of adjudicating a petition extension, consistent with existing USCIS policy regarding requests for evidence, notices of intent to deny, and the adjudication of petitions for nonimmigrant benefits.”

AFFECTED COUNTRIES

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AFFECTED SECTORS AND PRODUCTS

711 Financial, insurance & pension services, excl. investment banking
712 Investment banking services
713 Insurance & pension services, excl. social security
811 Research & development in natural sciences & engineering
822 Accounting, auditing & bookkeeping services
823 Tax consultancy & preparation services
831 Management consulting & management services; ITC services
832 Architectural services, planning & landscape architectural services
833 Engineering services
834 Scientific & other technical services
841 Telephony & other telecommunications services
842 Internet telecommunications services
843 On-line content
931 Human health services
961 Audiovisual & related services
962 Performing arts & other live entertainment event presentation
963 Services of performing & other artists

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