This court case could carry major implications for how USCIS directs adjudicators to decide H-1B cases:
) that “A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training . . .”
“The [February 2018] Non-Speculative Work Rule [memo] clearly amends this definition because the regulation requires only the dates and locations of the servicesaccording to the plaintiff Nothing in this regulation requires the petitioner to demonstrate uninterrupted contracts for the entirety of the period requestedThe plaintiff seems to be on strong grounds when arguing that the “anti-benching” provision passed as part of thespecifically allows an employer to keep an H-1B employee during any “nonproductive” periods as long as the employee is paid.
The dramatic change in denial rates shows USCIS adjudicators have adhered to memos released during the Trump administration. “Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment,” according to a National Foundation for American Policy . “At least 10 companies that provide professional or IT services to other U.S.
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