New policy change by USCIS regarding NTA and no RFE or no NOID

[joe30]

Dear Folks,

I would like to legally proceed for the unnecessary long processing times, harassment there by reducing the chances of finding a job on H1B.

Do we have a legal basis?

1. I would like to argue that, the previous approval of H1B should be enough to prove that, the job responsibilities are specialty occupation, if you are working for the same employer during the previous H1B renewal cycle.

2. If the candidate has approved EB2, EB3 PERM that also proves that, the job requirement is labor market tested job requirement with no qualified USA citizens to fill. That should also fortify the argument that the candidate is highly skilled specialty occupation worker.

3. I would like to prove that, based on how many RFEs were sent out routinely and subsequently approved in the past years, that USCIS voluntarily took up the extra screening to harass consulting companies to deter recruiting H1B.

4. I would like to argue that, it has become routine to issue an RFE now-a-days and many eventually get approved, that means the new USCIS guidelines can give the authority to the case agent to unilaterally deny the i-129 petition, which used to get an RFE and eventually gets approved, proving that even valid H1B petitions might get denied and also it is economically and operationally a big issue for the consulting companies and would lose work and their revenue.

 

Do we have legally any merit to this argument?

[mehopeful]

Ask a judge. Why ask here?

[Sachin2us]

Hello my friend,

I appreciate your thoughts and efforts, your thinking is perfectly right and I agree with it. But, there is a big problem, the person or team who is doing this everything, because they hate immigrants or non-american people. He is going to be there next 6 1/2 years, so I personally think that it is going to be worst day by day until next 6  1/2 years. Once there might be a day when not even a single person would be getting approved a visa in whole year, which is their target!!

Good luck!

[JoeF]

2 hours ago, Sachin2us said:

Hello my friend,

I appreciate your thoughts and efforts, your thinking is perfectly right and I agree with it. But, there is a big problem, the person or team who is doing this everything, because they hate immigrants or non-american people. He is going to be there next 6 1/2 years, so I personally think that it is going to be worst day by day until next 6  1/2 years. Once there might be a day when not even a single person would be getting approved a visa in whole year, which is their target!!

Good luck!

The "person or team" is the current US Administration, led by the current US President, Trump. Good luck getting him to change things...

You just have to hope that he doesn't get re-elected in Nov. 2020.

 

[cap-gap]

“someone” was able to fight back good DACA cancellation and travel ban..

[Provence]

18 hours ago, Sachin2us said:

Hello my friend,

I appreciate your thoughts and efforts, your thinking is perfectly right and I agree with it. But, there is a big problem, the person or team who is doing this everything, because they hate immigrants or non-american people. He is going to be there next 6 1/2 years, so I personally think that it is going to be worst day by day until next 6  1/2 years. Once there might be a day when not even a single person would be getting approved a visa in whole year, which is their target!!

Good luck!

Not every American hates immigrants or non-american people. There are a vocal few who do, but a majority approves of legal processes. 

But most Americans do not appreciate immigrants/visa holders violating US laws with fake H1 resumes, B2 overstays, illegal use of taxpayer assistance, etc. Think of it as the current admin in India for example, which took it's win as a mandate to toughen up laws against illegal migrants. We don't see many complaints against that person or team. 

[Sachin2us]

Hi Provence,

I agree and I do not favor misusing of visa or violating any laws or illegal immigration. But, what they are doing is much more than that. They are harassing legal immigrant, Just think if someone came here three years back with family for establishing some steady life, not knowing about future "mess in immigration". It would be better if they didn't grant visa to anyone if they hated so much or didn't want anyone from "third world countries". I have also seen many people who were in the same boat a few years ago, change their viewing angle after they get green card or citizenship and then they started thinking like white people. I am sorry, I don't want to hurt anyone, that's the fact.

[joe30]

Thank you all for the replies. I really appreciate it. By posting it here, I wanted to have a discourse about current policy changes and whether it is lawful.

Thoughts have no merit. Only follow the LAW.

The non-immigrant H1B visa was gamed for a long time. I do agree. And the government has to crack down on the consulting companies who took the law for a ride. But meanwhile there is heartache for people who follow the law. I am completely in agreement with the stringent approval process to weed out the undeserved. But the new policy change causes problems to the valid i-129 petitions as well.

There are 2 items that often appear in the RFEs that USCIS routinely sends for almost all of their I-129 petitions.

1. Prove Employee-employer relationship.
2. Prove Specialty occupation.

H1B is for specialty occupation who has work in United States of America. Now my point is, when you are working for the same employer for so many years, and have got prior H1B visa for the same work and qualifications, why do USCIS needs proof about specialty occupation. And also many a times, these individuals have applied for GC as well, in that case their I-140 is also approved and proves that, this particular position is LABOR MARKET tested and does not have a qualified US citizen to fill it.

Most of the RFEs are successfully addressed and got an approval eventually. By the new policy, is it not illegal to deny a potentially deserved i-129 application without sending the RFE or NOID?

 

[joe30]

DACA was a presidential executive order. And it can be over turned by another presidential executive order. There is no parallel between the H1B & AC21 and the DACA. This is more of a proof that we simply have to use the law to put the authorities in order.

Disclaimer: I have total sympathies towards DACA beneficiaries and the current child separation victims.

[cap-gap]

Either an EO or a law passed by Congress can be challenged in SC.. as simple as that..

[JoeF]

7 hours ago, cap-gap said:

Either an EO or a law passed by Congress can be challenged in SC.. as simple as that..

Somebody would have to pay to do that...

TANSTAAFL -There Ain't No Such Thing As A Free Lunch (thanks to Robert Heinlein for that phrase.)