h1 premium suspension - nta victims

[desiboys]

08/28/2018: Extended/Expanded H-1B Premium Processing Services Suspension, and Potential Increased Victims of New NTA, ULP, and Denial Without RFE/NOID Policies

• The fact that premium processing services will be suspended until February 19, 2019, for over five months from now, will raise a number of issues for H-1B foreign workers other than just delay of H-1B decision because of its potential impact on three monstrous new policies of (1) Notice to Appear (NTA), (2) Accrual of Unlawful Presence (ULP), and Instances of (3) Denials Without Request for Evidence (RFE) or Notice of Intent to Deny (NOID). This will be particularly true when their H-1B petitions are denied after a prolonged period of time, because denials after a prolonged period of time can potentially lead them to victims of these three new policies, facing a deportation proceeding in the worst cases. Currently, NTA policy memorandum is on hold, pending preparation of operational guidances within subcomponents of DHS, but it may not take too long before such operational guidances are completed and the USCIS may implement and enforce the NTA policy sooner or later. As for ULP, passage of time beyond September 30, 2018 and other issues which are caused by the delays are likely to produce increased number of F, M, J nonimmigrants, including those in regular OPT or STEM OPT statuses. Lastly, the new policy of potential denial of H-1B petitions without RFE or NOID will definitely increase the number of denials of the H-1B petitions and such denials will lead in many cases to the above cited related new policies with a potential serious consequences.
• Obviously, as affected by the foregoing new policies, lately employers have been filing H-1B petitions with massive Premium Processing Requests, flooding the USCIS Service Centers, leading in part to the announcement of extension and expansion of suspension of H-1B Premium Processing Services until February 19, 2019. Under the circumstances, employers and H-1B applicants should assess the situation carefully and take an action to avoid becoming a victim of one of the foregoing three new policies while they go through H-1B decision process

[Luke]

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[soodhilodaaram]

1 hour ago, Luke said:

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