- 15 February 2018
- 27 September 2017
- 09 November 2015
- 21 August 2017
- 01 December 2015
- 29 May 2022
- USA Lifts Travel Bans but Imposes Extensive Vaccination Requirements on Foreign Nationals Planning to Travel to the USA22 November 2021
- 11 June 2019
- E-3 Visa Processing Backlogs at US Consulates- Expedited Processing for Visa Appointments is still available26 April 2019
- 24 February 2019
Restrictive trends in O-1 and Eb-1 visa application processing
USCIS (US Immigration offices in the USA) and US Consulates (that issue visa stamps in passports) have recently developed a brand new restrictive interpretation of the immigration and nationality laws and applicable regulations.
Over the past few months, USCIS has "narrowed the strike zone" and often sending time consuming RFE's (Requests for additional evidence and explanations). In the past few months, our office has received RFE's in the majority of the O-1 (extraordinary ability temporary worker) and Eb-1 (extraordinary ability green card) cases we have recently filed. Before this recent development, we rarely received any RFE's. In fact, we recently received our first O-1 denial in fifteen (15) years and are now making plans to file this O-1 application a 2nd time. Even in cases where we have filed for the O-1 visa holder's 3rd or 4th O-1 application (an extension for someone who has already been approved 3 and 4 times over past 5 to 8 years) we are receiving challenging RFE's with new "restrictive" interpretations of the law. This is part of the Trump administration's get 'tough" approach to making sure US workers are prioritized ahead of foreign nationals. This is due to the US President's Executive Order" - BAHA- "Buy American, Hire American". We have noticed this get tough approach for all visa categories. In contrast, in regards to the E-3 Visa - for Australians only - we notice a slight trend in this tougher approach but (luckily for Australians), so far, not nearly as restrictive as the other visa categories.