requesting extensions of work authorization for the same employment with the same employer. The Trump 1.0 administration of this policy causse substantial USCIS adjudication delays lasting in some cases over a year. While the norm was in several months. Additionally, the rate of requests for additional evidence (RFE) evidence notices to provide further documentation to evidence proper work authorization sponsorship rose substantially under Trump 1.0. We expect Trump 2.0 may not be any different. The only option to speed up adjudication of those cases are to pay an additional $2,805 premium processing filing fee that will speed up adjudication to fifteen (15) business days. That is a hefty amount, especially for those organizations that hire foreign nationals, some with tens if not hundreds of individuals each year. Further, premium processing is not available for every type of work authorization. For those that do not have the benefit of premium processing, a company and its employees may have no choice but to wait out these slower adjudication times. These slowdowns also apply to the US Embassies and Consulates around the world. Recently, the State Department has implemented policies to limit non-interview visa appointments to only those visa applicants who are renewing the same visa that expired within 12 months of their visa appointment date. Previous to the current administration, visa appointments waiving interviews was allowed for anyone applying for a visa whose last visa expired within 48 months of their visa appointment. With that change, we can expect longer US Embassy and Consulate visa appointment wait times. Because of this, employees that leave the US for such reasons as traveling to their home country to visit family need to apply for new visas to reenter the US. If their visa interview is delayed due to visa appointment backlogs, then US employers may have to prepare for these employees’ longer overseas stay. For such employees that are a critical component to US operations, such delays could be detrimental to maintaining appropriate US operations. Conclusion Based on the above, we recommend your foreign national workforce and company operations prepare for such potential issues. If you have any questions, please contact your Fisher Phillips attorney, the author of this Insight, or any member of our Technology Industry Team or Immigration Practice Group. Visit our New Administration Resource Center for Employers to review all our thought leadership and practical resources, and make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information.
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