Trump Admin Considers No Extension To H1B Visas

H1B Visa

The Trump administration is considering a proposal that could potentially lead to large-scale deportation of foreigners on H-1B visas for high-speciality workers waiting for their Green Card — mostly Indians — and drastically alter the way high-tech companies operate in the United States.

The proposal circulated in the form of an internal memo in the Department of Homeland Security (DHS), which oversees citizenship and immigration, intends to end the provision of granting extensions to H-1B visa holders whose applications for permanent residency (Green Card) had been accepted, is part of President Donald Trump’s “Buy American, Hire American” initiative.

An estimated 500,000 to 750,000 Indian H-1B visa holders could be sent home if the administration decides to go ahead with the proposal.For more details on h1b visa staffing agency check Orphosys Corp.

“If implemented this could lead to large-scale deportations, mostly of Indians, throwing hundreds and thousands of families into crisis,” said an official of Immigration Voice, an advocacy body in San Jose. Immigration Voice is planning to mount a challenge through outreach and sue when a decision is announced, he added.

“The idea is to create a sort of ‘self-deportation’ of hundreds of thousands of Indian tech workers in the United States to open up those jobs for Americans,” a US source briefed by homeland security officials told McClatchy DC Bureau, which first reported the proposal.

A response to Hindustan Times requests to both DHS and the US citizenship and immigration services (USCIS) was awaited, but the existence of the memo was confirmed by sources in the US and Indian governments, industry and those that are likely to face action under the new rules.

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H1B reform bill 2017 passed by the US to increase the minimum salary of H1B visas

H1B visa Restrictions. H1B Limitations An H-1B visa is granted for three years, with the provision of three more with one extension after which visa holder’s return to their countries. If approved for Green Card, they wait in the US using extensions.

For Indians, that wait could stretch for years given the massive backlog caused by the system of per-country annual cap on the number of permanent residencies.

The proposal is based on the power of discretion given to USCIS officials to decide on extensions to be given to H-1B holders waiting for Green Card.

They could choose to extend from one to three years, and often chose the maximum of three, and granted some visa holders as many extensions as needed.

“If it has been left to their discretion,” said a lobbyist. “They can theoretically decide not to grant any extension at all.”

The Indian government is watching the development with mounting alarm as it had the administration’s previously announced plans and decisions to tighten H-1B rules and regulations with the objective of preventing its abuse to replace American workers with lower-paid foreigners.

One of the plans in February 2017 was to roll back H-4 EAD — a regulation introduced by President Barack Obama to attract and retain highly skilled foreign workers by granting work authorization to spouses of H-1B visa holders awaiting Green cards. That will impact mostly Indians again.

The administration also plans to redefine high-speciality professionals for the purpose of H-1B visas. And there is a general review of the programme ordered by the President.To know more importance on h1b visa staffing & recruiting agency visit Kmindia

The United States grants 85,000 non-immigrant H-1B visa every year — 65,000 to foreigners hired abroad and 20,000 to foreigners enrolled in advanced degree courses in US schools and colleges.

An estimated 70% of these visas go to Indians — hired mostly by American companies such as Facebook, Microsoft and Google and some by American arms of Indian tech giants Infosys, Wipro and TCS.

The US companies, which are large employers of foreign workers but escape the scrutiny facing Indian firms, will be hit the hardest as they are more likely to apply for Green Cards for their H-1B workers than their Indian counterparts, who tend to rotate their workers home at the end of the stipulated period.

USCIS Forced To Release Data On H-1B Delaying & Denials Tactics

H1B visa

Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions.

The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this, but evidence has been made available for analysis.

Through a FOIA request, instructional documents for USCIS adjudicators issued after President Donald Trump’s “Buy American, Hire American” Executive Order (BAHA) provide guidance on denying benefits to foreign nationals and the companies that want to hire them.

BAHA has become the new “catch-all” for enacting immigration policies without legislative or public comment or support. This “non-transparent” process has been partially revealed.To know more details on h1b visa jibs check Orphosys Corp.

Denials of H-1B petitions used to be rare occurrences. In 2015, the denial rate was 6% — now, it is 32%. RFEs were hardly an everyday occurrence – now, 60% of H-1B petitions receive RFEs.

Two USCIS memos issued in 2017 and 2018 have boosted the RFE and denial rates and particularly affect computer programmers and IT professionals working at third-party locations.

In one released document, adjudicators are given close to 100 pages with step-by-step boilerplate for issuing RFEs — but the Administration’s discussion of the statutory support for these RFEs is redacted, perhaps because the new “rules” are not supported by the law.

In another, USCIS makes clear that adjudicators should not defer to prior approvals and should remember the petitioners bear the burden of proof. The documents show that:

A. Adjudicators are directed to particularly analyze whether Level I and Level II wages are appropriate and issue RFEs asking for further information to justify the wage level.For more information on h1b visa employment agency visit Scriptcafe

B. USCIS instructs its adjudicators that even when a bachelor’s degree would appear to be the “normal” requirement for a position, if the Department of Labor’s Occupational Outlook Handbook (OOH) indicates that some individuals in the position might have only an Associate’s degree, the position may not be a specialty occupation.

The petition should receive an RFE and the petitioner must supply more information to prove that a bachelor’s degree in a specific field is definitively required.

C. Most important, this instruction about the OOH is meant to apply to all kinds of positions — not just those that are computer-related. This explains why so many RFEs are challenging whether a job is indeed a specialty occupation.

Not only are these new “rules” leading to denials and more work for petitioners, they are creating more work for the USCIS and adding to crisis-level processing delays. USCIS used to think of itself as a “service oriented” organization, but now its mission focuses on enforcement and security.