USCIS new policy on h4 ead

[kakatiya]

July 15, 2020 PA-2020-10 
Policy Alert 
SUBJECT: Applying Discretion in USCIS Adjudications 
Purpose 
U.S. Citizenship and Immigration Services (USCIS) is consolidating existing policy guidance in the 
USCIS Policy Manual regarding officers’ application of discretion in adjudications. 
Background 
On June 22, 2020, the President issued a Proclamation that addresses, among other things, the 
Department of Homeland Security’s (DHS’s) administration of employment authorization benefits.1 
In addition to relying on statutory and regulatory provisions on employment authorization, USCIS 
reminds officers to refer to existing guidance, now consolidated in the USCIS Policy Manual, on the 
exercise of discretion in adjudications. 
For many immigration benefits, such as certain applications for lawful permanent residence and 
employment authorization documents, the benefit requestor has the burden of demonstrating 
eligibility for the benefit sought, including that a favorable exercise of discretion is warranted.2 If the 
requestor otherwise establishes eligibility, which may require a showing that the alien is not 
inadmissible under the law, and positive discretionary factors present in the particular case outweigh 
any negative factors, USCIS should favorably exercise discretion. For benefits involving discretion, a 
discretionary analysis is a separate component of the adjudication of the benefit request; it is typically 
assessed at the end of the review, after an officer has determined that the requestor meets all other 
applicable eligibility requirements.3 
This guidance, contained in Volumes 1 and 10 of the Policy Manual, incorporates and replaces 
Chapter 10.15 of the Adjudicator’s Field Manual (AFM), as well as the AFM’s related appendices, 
and related policy memoranda.4
 The guidance contained in the Policy Manual is controlling and 
supersedes any related prior guidance on the topic. 
1 See “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the 
Coronavirus Outbreak.” 2 See INA 291. 3 See, for example, INA 245(a): “The status of an alien who was inspected and admitted or paroled into the United 
States . . . may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe,

 

Policy Highlights 
• Provides an overview and general goals of the discretionary analysis, including the appropriate 
scope of discretion. 
• Provides non-exhaustive lists of discretionary factors that officers should consider on a case-
by-case basis. 
• Explains how officers should generally weigh factors in a given case and properly document 
the discretionary determination. 
• Explains that the ultimate decision to grant discretionary employment authorization depends on 
the facts and circumstances of each individual case. 
Citation 
Volume 1: General Policies and Procedures, Part E, Adjudications, Chapter 8, Discretionary 
Analysis [1 USCIS-PM E.8]; 
Volume 10: Employment Authorization, Part A, Employment Authoriz

[kakatiya]

 

Applying Discretion in USCIS Adjudications

U.S. Citizenship and Immigration Services today consolidated existing policy guidance in the USCIS Policy Manual regarding officers’ application of discretion in adjudications.

For many immigration benefits, including certain applications for lawful permanent residence and employment authorization, requestors must show that a favorable exercise of discretion is warranted, in addition to showing that they meet all other eligibility requirements. In these cases, officers typically analyze discretion at the end of the review, after they have determined the requestor meets all other applicable eligibility requirements.

The policy guidance:

• Provides an overview and the general goals of the discretionary analysis, including the appropriate scope of discretion;
• Provides non-exhaustive lists of discretionary factors that officers should consider on a case-by-case basis;
• Explains how officers should generally weigh factors in a case and properly document the discretionary determination; and
• Explains that the ultimate decision to exercise discretion depends on the facts and circumstances of each individual case.

For more information, see the policy guidance (PDF, 319 KB)

[AndhraneedSCS]

2 lines summary please 

[Sarvapindi]

Not interested 

[kakatiya]

12 minutes ago, AndhraneedSCS said:

2 lines summary please 

Earlier h4 EAD  you can apply and pay the fee and then you wait ..

 

Now USCIS will run through lot of checklists and verifies of the candidate can be approved to EAD application etc..I might be wrong..let's peddalu talk

[acuman]

4 minutes ago, kakatiya said:

Earlier h4 was you can apply and pay the fee and then you wait ..

 

Now USCIS will run through lot of checklists and verifies of the candidate can be approved to EAD application etc..I might be wrong..let's peddalu talk

Right

[kakatiya]

Basically lawyers are going to file h4 EAD with lot of paper work.. more application fee and supporting documents..

 

Who apply for first time might be having trouble to prove the case.

[Bondu_Babu]

31 minutes ago, kakatiya said:

Basically lawyers are going to file h4 EAD with lot of paper work.. more application fee and supporting documents..

 

Who apply for first time might be having trouble to prove the case.

Ext ki problem vundada?

[kakatiya]

1 hour ago, Bondu_Babu said:

Ext ki problem vundada?

I don't think so

[kakatiya]

Earlier it is sure approval based on main application.

 

Now this discretion will give them more freedom to deny h4 EAD,  L2,  f1 opt EAD at their will.

 

Also this will create more time for rfe to process like 3-6 months..their aim is applicant will lose job while waiting for extension rfe to get approved 

 

Above are experts comments. Not kakatiyas.

[Doravaru]

10 minutes ago, kakatiya said:

Earlier it is sure approval based on main application.

 

Now this discretion will give them more freedom to deny h4 EAD,  L2,  f1 opt EAD at their will.

 

Also this will create more time for rfe to process like 3-6 months..their aim is applicant will lose job while waiting for extension rfe to get approved 

 

Above are experts comments. Not kakatiyas.

Rules masthu pedtharu reality lo evadiki antha pedda impact undadu... 

maa company lo 50 FTEs ki lay-off chesaru maa H1 batch antha working from homes without any issue 😂

I can’t say if it’s same everywhere but anavsaramga tension paddam... 

[kakatiya]

13 minutes ago, Doravaru said:

Rules masthu pedtharu reality lo evadiki antha pedda impact undadu... 

maa company lo 50 FTEs ki lay-off chesaru maa H1 batch antha working from homes without any issue 😂

I can’t say if it’s same everywhere but anavsaramga tension paddam... 

Ma company lo Desi's almost all gone..I am the last one accompanied by one other Desi guy who is planning to switch.

 

Same with other companies in town. I can relax but people.who got fired having hard time getting calls and transfer

[pahelwan]

11 minutes ago, kakatiya said:

Ma company lo Desi's almost all gone..I am the last one accompanied by one other Desi guy who is planning to switch.

 

Same with other companies in town. I can relax but people.who got fired having hard time getting calls and transfer

Which company bro?

[Moon_Walker]

18 minutes ago, kakatiya said:

Ma company lo Desi's almost all gone..I am the last one accompanied by one other Desi guy who is planning to switch.

 

Same with other companies in town. I can relax but people.who got fired having hard time getting calls and transfer

Which town and Industry are u in?

[tom bhayya]

9 minutes ago, pahelwan said:

Which company bro?

 

2 minutes ago, Moon_Walker said:

Which town and Industry are u in?

Wuhan technologies, Assam