The USCIS has backtracked from a proposed policy change that would have placed H-1B and other employment-based workers immediately into deportation processing after the denial of a petition. USCIS has decided to only enforce this new policy for denials of:
- I-485, Adjustment of Status
- I-539, Application to Extend/Change Nonimmigrant Status (typically, H-4, F-1, and B-1/B-2).
USCIS will prioritize the issuance of an NTA in cases of:
- Criminal records
- Fraud or misrepresentation
- National security concern