UNITED STATES – New Deportation Policy Implemented But Not for Employment Petitions

By Peregrine

Effective 1 October 2018, United States Citizenship and Immigration Services (USCIS) has been implementing its  28 June 2018 policy memorandum , prioritizing the removal of foreign nationals from the United States on the basis of public safety, in compliance with Executive Order 13768.

The new policy expands the issuance of Documents to Appear (NTA) documents, the beginning of formal deportation proceedings, to foreign nationals who are denied a visa.

However, USCIS has confirmed that the new policy will not be implemented with respect to employment-based or humanitarian petitions at this time. However, USCIS may issue further guidance in the future.


An NTA instructs an individual to appear before an immigration judge to begin the removal process.

Previously, NTAs have been issued only when a national security issue has been established. Foreign national whose visas have been informed voluntarily to leave the country.

If foreign nationals leave the United States voluntarily after receiving an NTA without appearing before the immigration judge, their case may be adjudicated in absentia, which may limit their ability to apply for visas in the future.


Action Items

  • Employers of foreign nationals in the US are advised to audit the status of their foreign national employees.
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