TheUSCIS has backtracked from a proposed policy change that would have placed H-1Band other employment-based workers immediately into deportation processing afterthe denial of a petition.  USCIS hasdecided to only enforce this new policy for denials of:
  • I-485, Adjustment of Status
  • I-539, Application to Extend/Change Nonimmigrant Status(typically, H-4, F-1, and B-1/B-2).
Underthe revised policy, USCIS will send special letters to deniedapplicants if their I-94 card is expired. The special denial letter is designed to provide adequate notice toapplicants that they should depart the US. If the applicant does not timely depart the United States, USCIS mayissue a Notice to Appear (NTA).  An NTAinitiates deportation proceedings.  Youcan read more about the NTA policy on our earlierblog post.
USCISwill prioritize the issuance of an NTA in cases of:
  • Criminal records
  • Fraud or misrepresentation
  • National security concern
TheUSCIS will continue to use prosecutorial discretion when issuing an NTA inthese instances on a case-by-case basis.