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The Citizenship and Immigration Service has just published a memorandum that basically requires its agents to be more detailed when processing work visa extensions.
The Citizenship and Immigration Service has just published a memorandum that basically requires its agents to be more detailed when processing work visa extensions.

The USCIS picky decision that will give headaches to more than one immigrant worker

The Citizenship and Immigration Service has just published a memorandum that basically requires its agents to be more detailed when processing work visa…

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Washington's immigration policy it’s not only seeking to hit undocumented immigrants.

As a nationalistic policy itself, any foreign worker is a threat to the American people, or at least it seems so in the White House.

It is from there that it is understood the last press release of the Citizenship and Immigration Service (USCIS) in which the agency - attached to the Department of Homeland Security - reports its decision to apparently make a change in the procedure of granting extensions of special visas to professionals from other countries.

By means of memorandum PM-602-0151, USCIS requests its staff to "apply the same level of scrutiny (both stringency) in both new and extension applications using the I-129".

In other words, the order is to end the preferential treatment received by foreign workers in the country from 2004 to 2015 when their employers sought an extension of their work visas.

Specifically, the memorandum overrides the provisions envisaged under the title "The Significance of a Prior Approval of Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity" - and published on April 23, 2004- and the L-1B program, dated August 17, 2015, were designed to facilitate and expedite the renewal of work permits for foreign citizens with a history of providing services to national companies.

"With respect to a request for an extension of a work permit for a foreigner involving the same parties (the applicant and the beneficiary), and under the same outstanding facts, the determination of the eligibility of this previously taken by a contractor shall be taken into account, "said the 2004 memorandum.

Facsímil del memorando PM-602-0151

Facsimile of the memorandum PM-602-0151

And although this didn’t imply a renewal or automatic extension - while the policy imposed the fulfillment of certain conditions (basically that there were no changes of circumstances between the first and second petitions) - the new order assumes that the competences of the agents of USCIS to verify that the information provided was in order, was limited before.

"In awarding applications for immigration benefits, including applications for an extension to foreigners, adjudicators (USCIS officials) must, in all cases, review the application and evidence provided before determining the applicability of the sought benefit. The burden of proof to establish that eligibility will, in any case, be the responsibility of the applicant."

Nothing new under the sun.

Although the thing seems a mere formality, the truth is that it is fussy bureaucrats to add more letters to the small print with the sole purpose of giving the green light the already annoying immigration agents to fuck shaft foreign workers with the argument of protecting "the highest interests" of American workers.

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