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Restrictive trends in O-1 and Eb-1 visa application processing

Posted by Immigration Bureau | Tips |
February 24, 2019

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.

Restrictive trends in O-1 and Eb-1 visa application processing

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 nationalsThis 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.

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