The immigration lawyers has said that, fewer H- 1B visas are being denied by a US agency which administers the application process of visa, after the stepped- up filing of lawsuits.this is said to come despite the seeking of more Requests for Evidence (RFEs) from the applicants of H- 1B visa is being done by the US Citizenship and Immigration Services (USCIS).
Deepali Khadakban who is a member of an industry body which is said to be representing over 1,250 small and medium staffing and also the IT firms which are doing the combined business which is of worth over $5 billion, has said that US Citizenship and Immigration Services head- on is being taken by its member firms, in the last two years and had filed over 133 cases that have challenged the denial of visas.
Khadakban who is the Chief Executive Officer of the Precision Technologies Corporation has earlier filed an appeal when an employee who has applied for the H-1B visa extension was denied, but nothing has happened and therefore she had instead filed a lawsuit this year.
She has said that, “The case was reopened and we got an RFE, and the visa was approved after providing the documents.”
An RFE is a procedural request that is made by the US Citizenship and Immigration Services on the individual who have applied for the H-1B visas and it can range from a speciality occupation being provided which would be done to establish a relationship between the employer and the employee. The H-1B visas can be granted or denied on the basis of the concerns being able to be addressed by the applicant.
In the first quarter of the fiscal year 2020, the agency has granted the H-1B visas to only 67.2 per cent of the individuals who have applied, among the total number of the RFEs that it had sought.
Neil A Weinrib who is the managing attorney of Neil A Weinrib and Associates has said that the administration of the Donald Trump in the United States has embodied the US Citizenship and Immigration Services to be even more arbitrary and combative which would in turn show a chilling effect on the companies that are US- based in debating whether an an H-1B visa can be filed on behalf of a qualified foreign national or not.
