​USCIS recently released two new policy memorandums that grant greater authority to USCIS adjudicators to deny petitions/applications and expand the enforcement powers that could increase the consequences of denials.  The impact and consequences of these changes are currently unknown. At this time, we do not anticipate significant changes in standard procedures for cases being processed by DIS as a result of these policy memorandums.

• Issuance of Certain RFEs and NOIDs Policy Memoranda  (Effective on September 11, 2018): This memo expands USCIS authority to deny applications/petitions without giving an employer or applicant the opportunity to submit additional evidence to prove eligibility for an immigration benefit before denying the case.  
• Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) (Issued on June 28, 2018; implementaton date to be announced later): With this memo, USCIS expanded the policy on the issuance of Notices to Appear, which initiate removal proceedings. It now includes NTAs to be issued in situations "where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States."
  

The issuance of these two policy memos means that extra diligence will be required for Visiting Program (VP) Participants. To assist in this endeavor, DIS introduced a new feature for all VP Participants: E-mail alerts for passport expiration and not-to-exceed (NTE) dates.  The alerts will be introduce mid to late August.

• When a passport is six months away from expiring, VP Participants will receive an e-mail alert reminding them to renew their passport. A valid passport is necessary to maintain Immigration Status.
• When a NTE date or end date at NIH is six months away, DIS will send an e-mail alert to the VP Participant, Administrative Officer (AO), and Sponsor.

Note: If a passport expiration or NTE date is currently less than six months away, VP participants will not receive an alert.

The potential consequences of these policy changes are worth noting, however it is unclear what exactly will be put in practice. Our office will continue to keep you updated on any changes to immigration policy.

If you have any questions about this article, contact DIS.