Indian workers in US to be affected as Trump administration toughens H1-B visa extension process
External Affairs Minister Sushma Swaraj raised the issue with her US counterpart Rex Tillerson saying that nothing should be done by the Trump administration to adversely impact Indian interests in the US
The much sought-after non-immigrant work visa in the US, the H1-B, has come under the limelight once again. The Trump administration is toughening the rules for visa holders who want to extend their stay in the US.
In the earlier policy, if someone has been declared eligible for an H1-B in the past, the extension of the same was easier as the applicant won't have to establish his/her eligibility again.
As per a new report, the US Citizenship and Immigration Services (USCIS) has updated its policy and ordered its officers to apply the same level of scrutiny to an extension request just as the initial application, consistent with policies “that protect the interests of US workers”.
The report says, "Under the law, 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 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."
This is due to impact a large number of Indians already working in the US.
External Affairs Minister Sushma Swaraj also raised the issue with her US counterpart Rex Tillerson saying that nothing should be done by the Trump administration to adversely impact Indian interests in the US.
Strengthening ties with a strategic partner
EAM @SushmaSwaraj held talks with @Secy_State_US Rex Tillerson in New Delhi today pic.twitter.com/3F5HVaz4q8
— Indian Diplomacy (@IndianDiplomacy) October 25, 2017
The USCIS can approve more than 3,30,000 H-1B petitions each year and, as of April 2017, reported more than 6,80,000 approved and valid H-1B petitions.
The USCIS conducts site visits to companies and had started the Administrative Site Visit and Verification (ASVVP) program in 2009 as an additional way to verify information in certain visa petitions.
This involves unannounced visits to applicants in order to collect information as part of a “compliance review” and checks if the person holding the visa is following all the immigration rules and regulations.
The process of visa approvals is also under the scrutiny of US Department of Homeland Security, which observed in a recent report, "USCIS conducts a limited number of visits and does not always ensure the officers are thorough and comprehensive in their approach," the report said adding that further limiting the site visits' effectiveness, USCIS does not always take proper action when immigration officers identify potential fraud or noncompliance.
(With inputs from PTI)
