June 18, 2018:
US Association of Immigration Advocates has filed a lawsuit against United States Citizenship and Immigration Services (USCIS), seeking to procure the documents, which would explain increased scrutiny and denials of H-1B petitions by Government unit.
American Immigration Lawyers Association (AILA), which filed this suit, is a voluntary body of 15,000 plus immigration Attorneys and Academicians.
In 2017, AILA got the reports from its members of an increasing number of requests for the evidence (RFEs), followed by an increase in rejection of H-1B visa applications.
Concerned that these trends indicated a shift in the USCIS adjudication standards, AILA has filed two separate requests seeking the documents (especially on the wage and speciality occupation determination), which would explain these actions.
USCIS failed to respond, which led to AILA now filing a lawsuit in Columbia District Court.
For 2018-19 season, which would permit successful H-1B Visa Applicants to work from October 1, USCIS received 1.90 lakh applications, far outstripping the annual quota of 85,000 (which includes 20,000 under the Masters Cap restricted for applicants having advanced degrees from US universities).
For the applications (known as filings) made in April, acknowledgements and RFEs have begun to trickle in, even as bulk of communication from USCIS is expected in July-August. USICS
When an RFE is issued, the employers sponsoring H-1B visa and their attorneys have to provide further evidence to prove need of such as visa and eligibility of the beneficiary (employee) for whom the visa is sought.
Last calendar year, up to August 31, USCIS had issued 85,000 RFEs, an increase of 45% over 2016.
US Technology & Biotechnology Companies, file virtually all of their cases under Masters Cap.
Source TOI
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