December 19
The Trump administration has created an air of uncertainty for highly skilled legal immigrants. Many people experience anxiety over longer processing times for H-1B petitions this year. Here are the three main reasons why the process is taking longer than usual:
First, USCIS no longer gives deference to prior determinations of eligibility for H-1B visa holders filing for extensions (Policy Memorandum 602-0151).
This year, USCIS has introduced a series of policies with stricter standards to apply to earlier approved petitions. The new rules make the process more trying and time-consuming. Currently, USCIS treats every extension as a new petition even when extension applications involve the same parties and include the same underlying facts as in the initial petition. Reexamining every extension request as if it were a new petition adds time to the H-1B processing for all applicants.
Second, H-1B visa applicants more and more receive increasingly shorter extensions.
Short extensions cause the system to clog because the same petitions repeatedly undergo full assessment. This extension loop forces both the government and the employers waste resources needlessly.
Third, there has been a dramatic increase in the number of RFEs issued for H-1B visa petitions. During the third and fourth quarters of FY 2017, requests for additional evidence for H-1B visa applications more than doubled, soaring from 28,711 to 63,184.
The back and forth between USCIS and the petitioner adds time to the process for all applicants. Additionally, USCIS now has the power to automatically deny incomplete applications in an effort to reduce the time-consuming handling of RFEs. The auto-denial by USCIS is now a reality for those seeking to work in the United States.
However, there are proven methods to avoid USCIS’ sledgehammer approach. During the last H-1B cycle, OnlineVisas achieved a 100% approval rate with only one RFE. If you face the challenge of submitting additional evidence or applying for an extension, contact us today for more information and a free strategy session.
Recent Immigration Articles
Check out these articles below
International students applying for or renewing a J-1 exchange visa in 2025 should be aware of several important changes introduced this year. Below is a concise guide focusing only on 2025 developments, including a brief pause in visa interview scheduling, new social-media screening rules, and special prioritization for J-1 physician applicants. Follow this guidance to
Read MoreIntroduction: Receiving a Notice of Intent to Deny (NOID) from U.S. Citizenship and Immigration Services (USCIS) in an H‑1B case can be alarming. A NOID indicates that USCIS intends to deny the H‑1B petition but is giving the petitioner a final opportunity to respond with additional evidence or explanations. This article explains what a NOID
Read MoreI. IntroductionThe H-1B visa is a nonimmigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. In 2025, it remains one of the most sought-after work visas due to its dual intent nature and potential pathway to permanent residency. However, recent administrative changes have made the process more cautious, especially for smaller
Read MoreThe H1B visa program is a critical pathway for foreign professionals seeking to work in the United States. It’s a topic of interest not only for potential applicants but also for employers, immigration attorneys, and HR professionals. The H1B lottery system, in particular, garners significant attention each year. It’s a process that determines who gets a
Read More