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I'll give you some concrete examples: - During the Trump administration, the number of RFEs (request for evidence, often step 1 of denying a petition) for H-1B
by returningfory2 3y ago
I'll give you some concrete examples:
- During the Trump administration, the number of RFEs (request for evidence, often step 1 of denying a petition) for H-1B petitions increased significantly. I'm reading that 40% of H1Bs were RFEd in fiscal year 2019 under Trump, versus 16% under Biden in 2021 [1]. I was personally affected by this: both of my H-1B petitions were RFE'd under Trump (I have a math PhD from a top 20 American university and am working in software). These RFEs are incredibly stressful, time consuming and costly for companies.
- During the Trump administration, USCIS started requiring almost all employment-based green card applicants to attend an interview. This significantly slows down the green card application process because USCIS is bottlenecked on officers to perform interviews. Biden reverted this change.
- During FY2022, due to the dynamics of US immigration law, nearly double the number of employment-based green cards were available than usual (265k versus 140k normally). Under Biden USCIS basically had a task force actively dedicated to ensuring all of these green cards were used [2]. I think we can pretty sure that under Trump, USCIS would have had a business-as-usual attitude, not deployed any special measures, and would only have issued around the regular quota of visas.
[1] https://resources.envoyglobal.com/global-immigration-compass/h-1b-requests-for-evidence-explained/#:~:text=USCIS%20data%20indicates%20that%20the,to%2012.1%25%20in%20September%202021 https://resources.envoyglobal.com/global-immigration-compass....
[2] https://www.uscis.gov/archive/fiscal-year-2022-employment-based-adjustment-of-status-faqs https://www.uscis.gov/archive/fiscal-year-2022-employment-ba...
- proberts 3y agoAnother very concrete example, during the Trump administration, USCIS revoked it's long standing policy of giving deference to previously approved H-1B petitions when adjudicating extension petitions with the same employer. This was a significant reason for the above-referenced explosion in RFEs. Soon after Biden took office, USCIS reinstated the policy and RFEs dropped significantly.