Washington, October 25, 2017 21:49 IST
Updated: October 25, 2017 21:50 IST
http://www.thehindu.com/news/intern...als-tougher/article19919560.ece?homepage=true
New rules require a petitioner to re-substantiate his application during renewal
Fresh changes in rules notified by the U.S. Citizenship and
Immigration Services (USCIS) for renewal of non-immigrant visas will severely impact H-1B visa holders. Petitions for renewal of H-1B visas, particularly when the underlying facts that supported the original petition have not changed, are currently considered with a presumption of approval, but that will no longer be the case, USISC said in a statement issued Monday late. Consequently, the burden of proof will be on the petitioner to substantiate his application even when nothing has changed since the previous petition.
The new rules are in line with the Donald Trump administration’s Buy American, Hire American policy, USCIS said.
Increasing restrictions on H-1B visa programme remains a point of concern in the India-US relations, as a majority of these guest workers are Indians. The new changes were announced even as a comprehensive review the H-1B programme is underway.
“The updated guidance instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary and underlying facts are unchanged from a previously approved petition. While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner,” a statement by the USCIS said.
“USCIS officers are at the front lines of the administration’s efforts to enhance the integrity of the immigration system,” said USCIS Director L. Francis Cissna. “This updated guidance provides clear direction to help advance policies that protect the interests of U.S. workers.”
The new rules will impact all changes sought by H-1B visa holders, said Karthik, a New Jersey Indian American who did not want to give his last name, as companies bar temporary workers from commenting on the issue. Primarily, an H-1B worker goes to the USCIS for three types of changes to his status - amendment, transfer and renewal. Amendments are sought when an H-1B employee changes the location within the same company; transfer is sought when he moves from one company to another, and a renewal is sought at the expiry of the visa, which is usually issued for three years at the beginning. “…adjudicators must thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought,” the USCIS has said.
The previous policy — which has been in force for 13 years — instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy.
The burden of proof in establishing eligibility for the visa petition extension is on the petitioner, regardless of whether USCIS previously approved a petition, the agency said. “The adjudicator’s determination is based on the merits of each case, and officers may request additional evidence if the petitioner has not submitted sufficient evidence to establish eligibility.”
DH News Service, New Delhi, Oct 25 2017, 21:49 IST
Tillerson, on his maiden visit to India after taking over as US Secretary of State, met Sushma at the Ministry of External Affairs headquarters in Jawaharlal Nehru Bhavan. PTI Photo
http://www.deccanherald.com/content/639310/dont-alter-h-1b-visa.html
The United States should refrain from changing the rules for its H-1 and L-1 visas that would inconvenience Indian professionals, New Delhi has said on Wednesday.
New Delhi also urged the Trump administration to end the impasse over the totalisation agreement to help the half a million Indians working on non-immigration visas avoid double taxation on social security.
In her meeting with the visiting Secretary of State Rex Tillerson, External Affairs Minister Sushma Swaraj conveyed India’s concerns over the proposed changes to H-1B and L-1 visa programmes by the Trump administration that would constrain skilled foreign professionals to work in the United States.
Tillerson, on his maiden visit to India after taking over as US Secretary of State, met Sushma at the Ministry of External Affairs headquarters in Jawaharlal Nehru Bhavan.
“We also discussed (during the meeting) the very significant contribution to the US economy of Indian skilled professionals who travel and work under H-1B and L-1 visa programmes,” Sushma said in a joint press conference with Tillerson.
Trump’s ‘America first’ rhetoric and promise to protect US jobs raised concerns back home that his policies would hit Indian IT professionals harder.
On March 31, the US Citizenship and Immigration Services issued a guidance policy memorandum on “H-1B computer related positions” asking petitioners sponsoring computer programmers to offer proof that the position sought is a specialized occupation.
This would potentially restrict American companies to import foreign professionals through H1B visa programme to work in its IT industry.
On April 18, Trump issued an executive order -“Buy American and Hire American”- calling various departments of his administration to rigorously enforce laws on foreign workers’ entry into the US to create higher wages and rate of employment for locals.
The order also asked US officials to suggest reforms to ensure H-1B visas are awarded to the most-skilled or highest-paid beneficiaries.
The US has also laid severe restrictions to renew non-immigrant visas like H-1B and L-1 by putting the onus of proof on the applicants even when they seek extension.
The US Congress is currently considering six Bills that seek to change the H-1B and L-1 visa programmes to restrict foreign professionals to stay and work in America.
While asking the administration to refrain from making further changes to the visa regimes, India has also urged US lawmakers to resist any such moves in the Congress.
“I have also sought Secretary Tillerson’s support for resolution of long-pending issue of totalization and asked that nothing such should be done by US which adversely affects India’s interests,” Sushma said.
In 2015, India and the US resumed negotiations on a totalization agreement but made no headway.
Washington rejected New Delhi’s contention to take schemes like Atal Pension Yojana, Rashtriya Swasthya Bima Yojana, Employees Provident Fund Organization and others to determine the size of the population covered under social security scheme.
Since the schemes are optional, the US is not obligated to negotiate a totalisation agreement with India, Washington had argued, pointing out that less than half of India’s population is covered by the social security schemes.