USCIS is issuing more number of ‘Requests for Evidence’ for H-1B visa applicants as being witnessed by the immigration attorneys in the US. The ‘Requests for Evidence’ are related to the H-1B visa applicants who had filed petitions on or around April 2017 and whose visas become valid from 1 October 2017.
David H Nachman the Managing Attorney of NPZ Law Group said that the question that will arise out of the ‘Requests for Evidence’ is H-1B visa applicants prove that they are seeking a specialty job. The new immigration rules are concerned with level-1 salaries. The question is as to why the level-1 salaries have been chosen if the job is complex, as quoted by the Times of India.
Nachman elaborated that the US administration is asking us to contend that the job is complex. Then, on the other hand, it is questioning the lower salaries if the job is complex, explained the attorney.
Regarding the changes implemented for green card adjustment status, Nachman explained that as per the current laws, interviews are mandatory for naturalization and family based green cards. However, in the majority of the cases, the requirement for an interview in these cases is waived, said Nachman.
Interviews for those who transitioned from employment based visas such as H-1B visas to US Green cards were practiced 10 years earlier. After this period, waivers have been the usual norm. Under the new immigration rules, there will be no such waivers for interviews. This implies that the waiting time for green card applicants is increased, said Nachman.
The vast majority of recipients of Green cards are those who are already employed in the US through provisional visas.
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