INTRODUCTION
USCIS has released an update on Implementation of NTA memo (incrementally) to be effective from October 1, 2018. The NTA memo was initially issued on June 28, 2018 and a delay in its implementation was announced on or around July 28, 2018, until operational guidance could be issued on it.
BACKGROUND INFORMATION
GLF had issued a Newsletter on July 12, 2018 regarding the ill-conceived NTA Policy Memorandum (PM) and discussed in detail the new PM and its priorities and how USCIS has transformed itself into an enforcement agency. Also, GLF had discussed grounds for which USCIS may issue an NTA or refer cases to ICE as well as the impact of this new NTA policy on H-1B and other denials. Further, on August 2, GLF discussed the delay in the NTA policy implementation. You may review earlier GLF Newsletters on our website @ www.gokarelaw.com.
IMPLEMENTATION UPDATE
Starting Oct. 1, 2018, USCIS has indicated that it will implement the NTA memo and issue NTAs on denied status-impacting applications, including but not limited to: Form I-485, Application to Register Permanent Residence or Adjust Status; and Form I-539, Application to Extend/Change Nonimmigrant Status. However, this NTA memo is not being implemented for employment-based petitions (H-1Bs and L-1s etc.) and humanitarian applications at this time.
USCIS has indicated that it will issue denial letters to affected applicants in a timely manner, to provide notice regarding their denied application. If there are not adequate steps taken by the parties to depart United States upon completion of their authorized stay, USCIS will proceed to issuing an NTA. USCIS will provide details on how applicants can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States. USCIS will prioritize cases of individuals involving Fraud, Criminal Records, and National Security Concerns.
CONCLUSION
We at GLF are relieved that implementation of NTA for employment-based petitions (H-1Bs and L-1s etc.) has been delayed. However, this policy change will only add more cases to our already overburdened Immigration Court System. AILA is inviting its members to sign on to a letter asking for a rescission of this ill-conceived NTA memo and at GLF we have done just that!
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GLF will continue to follow further developments in this matter and we will provide updates through our Newsletter as and when they become available.
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