H-1B revocations and denials of H-1B extensions have increased significantly over the past year. Immigration attorneys credit the higher level of scrutiny to three main changes:
The Buy American and Hire American Executive Order signed by President Trump in April 2017;
An October 2017 USCIS memo overturning a George W. Bush administration policy instructing adjudicators of H-1B extension applications to defer to decisions on prior applications; and
A February 2018 policy requiring employers that place their H-1B workers at third-party sites to provide additional documentation.
“There’s no question that there are cases, H-1B petitions, that have been approvable for the last 20 years that aren’t approvable today,” said H. Ronald Klasko of Klasko Immigration Law Partners in Philadelphia. “The law hasn’t changed, just their standards.”
Klasko suggested that a challenge to the practice, as opposed to a lawsuit over a one-time revocation “could be a good case to litigate.”
Lally Immigration Services, LLC is closely monitoring the situation and will provide updates as they become available. If you received a revocation or denial notice on a recently submitted H-1B extension petition, contact Lally Immigration Services, LLC at (617) 870-1000 or by email to [email protected].
