USCIS Should Automatically Approve H-2 Unnamed Petitions

David J. BierSummary: U.S. Citizenship and Immigration Services (USCIS) should defer to the Department of Labor ’s determination of whether an H-2A or H-2B job is “temporary” and automatically approve all H-2 petitions without substantive review if the employer plans to name the specific worker only at the consulate abroad.H-2A agricultural or H-2B nonagricultural employers must receive a temporary labor certification from the Department of Labor (DOL) showing that no qualified U.S. workers are available for the job. As part of its review, DOL first determines whether the job is “temporary” based on employer‐​provided evidence like payroll and tax documents.[1] If DOL certifies the job, employers file a petition requesting USCIS grant status to the workers. USCIS has chosen to again conduct a second review to determine whether the job is temporary, sometimes requiring different evidence from DOL.[2]USCIS ’s second review is burdensome and unnecessary. Even though USCIS approved 99 percent of petitions, it issued requests for evidence (RFEs) to 17 percent of H-2B employers and 10 percent of H-2A employers in 2020.[3] The USCIS Ombudsman has found numerous cases of USCIS adjudicators issuing RFEs for already‐​submitted evidence or evidence for issues that are legally irrelevant.[4] The Ombudsman has said that “delays at any point in the process can have severe economic consequences for U.S. employers” exactly because the work is short‐...
Source: Cato-at-liberty - Category: American Health Authors: Source Type: blogs