USCIS to Deter Frivolous or Fraudulent Asylum Seekers from Obtaining Work Authorizations

 Global Leaders in Math Education

USCIS to Deter Frivolous or Fraudulent Asylum Seekers from Obtaining Work Authorizations

Release Date: Nov. 13, 2019

WASHINGTON—U.S. Citizenship and Immigration Services today announced a proposed rule to deter aliens from illegally entering the United States and from filing frivolous, fraudulent or otherwise non-meritorious asylum applications in order to obtain employment authorization.

The proposed rule will better allow USCIS to extend protections to those with bona fide asylum claims. USCIS also seeks to prevent certain criminal aliens from obtaining work authorization before the merits of their asylum application are adjudicated.

The proposed rule stems from the April 29, 2019, Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System, which emphasizes that it is the policy of the United States to manage humanitarian immigration programs in a safe, orderly manner and to promptly deny benefits to those who do not qualify. Nothing in this rule changes eligibility requirements for asylum. Instead, this rule strengthens the standards that allow an alien to work on the basis of a pending asylum application.

“Our immigration system is in crisis. Illegal aliens are gaming our asylum system for economic opportunity, which undermines the integrity of our immigration system and delays relief for legitimate asylum seekers in need of humanitarian protection,” said Acting Director Ken Cuccinelli. “USCIS must take steps to address pull factors encouraging aliens to illegally enter the United States and exploit our asylum framework. These proposed reforms are designed to restore integrity to the asylum system and lessen the incentive to file an asylum application for the primary purpose of obtaining work authorization.”

As directed by the presidential memorandum, USCIS proposes to:

  • Prevent aliens who entered the United States illegally from obtaining work authorization based on a pending asylum application, with limited exceptions; and
  • Automatically terminate employment authorization when an applicant’s asylum denial is administratively final.

Additionally, USCIS proposes to:

  • Clarify that an asylum applicant’s failure to appear for a required appointment may lead to dismissal of their asylum application and/or denial of their application for employment authorization;
  • Prevent aliens who fail to file their asylum application within one year of their latest entry as required by law from obtaining work authorization; and
  • Render any alien who has been convicted in the United States of any federal or state felony, or convicted of certain public safety offenses involving child abuse, domestic violence, or driving under the influence of drugs or alcohol, ineligible for employment authorization.

Unresolved arrests or pending charges may result in the denial of the application for employment authorization as a matter of discretion.

For more information, read the notice of proposed rulemaking that publishes in the Federal Register on Nov. 14. The comment period ends on Jan. 13, 2020.

For more information on USCIS and our programs, please visit or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

Last Reviewed/Updated: 11/13/2019


H-1B簽證補件率大增 5企業通過率99%

(World Journal) 編譯陳韻涵

外國技術人員要留在美國工作愈來愈難。(Getty Images)




2018財政年度的H-1B簽證核發率在30大企業中顯著不同;其中五間企業的通過率為99%,分別是蘋果(Apple)、臉書(Facebook)、Google、英特爾(Intel )和微軟(Microsoft)。

APLUS教学中心 | 一对一辅导服务中心 | 申请咨询顾问中心

Offering serious and challenging mathematics to intellectually gifted students


USCIS發言人潔西卡‧柯林斯(Jessica Collins)表示,配合川普行政命令「買美國貨,雇美國人」(Buy American and  Hire American),USCIS已實施多項改革措施;申請企業最常被問到該職位是否為具專業技術的特殊崗位(specialty occupation)、聘僱雙方是否為勞資關係,以及雇員在持有簽證期間的工作內容。

USCIS局長西斯納(L. Francis Cissna)已指示收緊審核程序,以保護美國員工的利益,仍會核准大多數申請,但審查會更嚴格以強化移民政策。

Feb. 22, 2019 

H-1B Quarterly Request for Evidence (RFE) FY2015-FY2019 Q1 Top 30 Employers (PDF, 65 KB)

Award-Winning After-School Math Program for K-12 Students


Trump administration denying, delaying more foreign skilled-worker requests

By Yeganeh Torbati

WASHINGTON (Reuters) - The Trump administration is denying and delaying more skilled-worker visa petitions than at any time since at least 2015, in keeping with its promise to increase scrutiny of foreign workers, according to data the government released on Friday.

U.S. officials say they have made reforms that prioritize American workers, cut down on fraud and streamline the immigration process. But lawyers who help employers apply for the visas say the agency is rejecting legitimate applications and tying up requests in bureaucratic red tape.


Tel: (301)906-6889; 
Licensed in MD, VA, DC, WV, PA, DE, NC, SC, FL 
WeChat ID: sunnychenyuqing
NMLS # 1220187

The data provided by U.S. Citizenship and Immigration Services (USCIS), the agency that adjudicates the visas, extends to the 2015 fiscal year, encompassing the last two years of the Obama administration and the first two years of the Trump administration.

Republican President Donald Trump campaigned in 2016 on restricting immigration, and early in his presidency issued an executive order directing the Department of Homeland Security, which oversees USCIS, to tighten its policies on H-1B visas. The visas are intended for foreign workers who generally have bachelor’s degrees or higher to work in the United States, often in the technology, healthcare and education sectors.

In the 2018 fiscal year, which ended on Sept. 30, the government issued “initial denials” to over 61,000 H-1B applications. In that time, the government issued decisions on over 396,000 applications.

Let all ginseng lovers get the real ginseng from Wisconsin

That is more than double the number of such denials over the prior year, even as the total number of applications the government completed dropped by about 2 percent between 2017 and 2018.

And denials look set to increase even further this year. In the first quarter of the 2019 fiscal year, the government issued initial denials to nearly 25,000 H-1B applications, a 50 percent increase over the same period last year.

The majority of petitions are still being approved, but the approval rate is dropping. In 2015, the approval rate was 96 percent, compared with 85 percent last year.

“USCIS has made a series of reforms designed to protect U.S. workers, increase our confidence in the eligibility of those who receive benefits, cut down on frivolous petitions, and improve the integrity and efficiency of the immigration petition process,” said Jessica Collins, a USCIS spokeswoman.

The government data also show that the administration is issuing far more “requests for evidence” in response to H-1B applications. Such requests, or RFEs as they are known, often challenge the basis of the original petitions and require employers and attorneys to submit additional paperwork. Receiving an RFE from the government can add several months and thousands of dollars in legal fees to the cost of applying for a visa, attorneys say.

The number of completed H-1B petitions that drew an RFE reached over 150,000 last year, compared with 86,000 in 2017, a 75 percent increase.

Ron Hira, a professor at Howard University and critic of the H-1B program, said the data suggests USCIS is giving employers a fair opportunity to justify their petitions through the RFE process.

“It also makes one question whether the Obama administration was doing an adequate job in ensuring the integrity and accountability of the H-1B program,” Hira wrote in an email.

President, Principal Loan Consultant, Leader Funding, Inc.
Wechat ID: Willow6621
NMLS # 208136

He also noted that large tech companies, such as Microsoft Corp, Amazon, Alphabet Inc’s Google and Facebook Inc, enjoyed H-1B approval rates last year of 98 percent or 99 percent, according to USCIS, while firms that have been criticized for using H-1B workers to replace Americans saw their petitions approved at far lower rates.

But immigration attorneys say many of the denials and RFEs are violating the laws and regulations governing the program.

Some companies are successfully challenging the denials in federal court. Entegris Professional Solutions, a Minnesota company, sued USCIS in December over the rejection of an H-1B application for one of its employees.

This month, USCIS reopened the case and granted the petition, said Matthew Webster, one of Entegris’ attorneys on the case.

Tel: (301)906-6889; 
Licensed in MD, VA, DC, WV, PA, DE, NC, SC, FL 
WeChat ID: sunnychenyuqing
NMLS # 1220187

President, Principal Loan Consultant, Leader Funding, Inc.
Wechat ID: Willow6621
NMLS # 208136

电话: (240) 784-6645

Phone: 301-366-3497

Simon Lin