Trouble for Indian IT professionals as US tightens renewal of H-1B visa


Washington, Oct 25 (PTI): In a new directive, the Trump administration has made it more difficult for the renewal of non-immigrant visas such as H-1B and L1, popular among Indian IT professionals, saying that the burden of proof lies on the applicant even when an extension is sought.

Rescinding its more than 13-year-old policy, the US Citizenship and Immigration Services (USCIS) said that the burden of proof in establishing eligibility is, at all times, on the petitioner.

USCIS said the previous memorandum of April 23, 2004 appeared to place this burden on this federal agency.

"This memorandum makes it clear that the burden of proof remains on the petitioner, even where an extension of non-immigrant status is sought," USCIS said in its latest memorandum issued on October 23.

Under the previous policy, if a person was once found to be eligible for a work visa initially, they would usually be considered for extension of their visa.

Now, for each extension, they need to prove to the federal authorities that they are still eligible for the visa they apply for.

William Stock, president of the American Immigration Lawyers Association, said that the change is being made retroactively to people already living in the country and not just to new visa applicants.

"In adjudicating petitions for immigration benefits, including non-immigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought.

"The burden of proof in establishing eligibility is, at all times, on the petitioner," the USCIS said.

The new policy is in line with the Trump administration's goal to protect American workers from discrimination and replacement by foreign labour, NumberUSA website said.

This new policy will make sure that only qualified H-1B workers will be allowed to stay in the US and will help crackdown on visa fraud and abuse, it added.

  

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Comment on this article

  • prem, moodbidri

    Thu, Oct 26 2017

    Happiest person is Central Minister, Piyush Goyal !

    He has spread Red Carpet and singing song... "Ghar kab aaoge, ke ghar khab aaoge"

    As per him people losing job is good sign... it creates more and more entrepreneurs!!!

    DisAgree [1] Agree [8] Reply Report Abuse

  • Narayana Baliga, Perdoor/Kundapuara

    Thu, Oct 26 2017

    Lucky people. They respect Modi's "GHAR VAPASI". Now you ask him we came back to ghar, now what to do?

    DisAgree [1] Agree [16] Reply Report Abuse

  • kas, Mangalore

    Thu, Oct 26 2017

    Let them get engaged in Swatcha bharat programmes ....

    DisAgree [4] Agree [6] Reply Report Abuse

  • rolf, Dubai

    Thu, Oct 26 2017

    ABD Lost Angle is missing no comment form his side . result of Acha Din In US.

    DisAgree [3] Agree [8] Reply Report Abuse

  • SJM, Mangalore

    Thu, Oct 26 2017

    Mr. Modi - Please pay better facility and remunerations to our IT people to make your dream 100% success digital India and Make in India.

    DisAgree Agree [9] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Oct 26 2017

    Modi has messed up everywhere ...

    DisAgree [3] Agree [14] Reply Report Abuse

  • Saviour, Earth

    Thu, Oct 26 2017

    Oh my god. You will never stop will you? How has Modi messed up? It is applicable not only to Indians but every foreigner in the USA. Moreover, it is Trump's policies that are driving this, so you can't say that this hasn't​ happened in the past 70 years. How can you be so ignorant.

    DisAgree [11] Agree [2] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Oct 26 2017

    Modi & Trump are good friends,
    I am sure Trump will listen to Modi & reverse this decision ...

    DisAgree [1] Agree [6] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Thu, Oct 26 2017

    Chaaiwaala said: Foreigners will make queues in Indian embassy for indian jobs.

    Let him re- check his bhaashaans in the YouTube's.

    Indians don't have jobs in India.

    Economy is dwindled.

    Chaaiwaala in. Suit boot 👢 foreign tours.

    May God guide him to work fr the betterment of the citizens.

    DisAgree [3] Agree [24] Reply Report Abuse

  • Rob Stan, Udupi / US

    Thu, Oct 26 2017

    The following points to be noted -
    1. Not everyone who passes BE does the job for which they are educated for in their same field. There are some of Higher Diploma holders who are in higher position & earning higher salary than those who have done BE.
    2. Here it's possible that a person has a certain qualification & does some other job. I have seen people who have done BSc holding high position in IT & a person who has done BE Chemical is working in IT related field in a higher position.

    DisAgree Agree [10] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Oct 26 2017

    First time in 70 Years ...

    DisAgree [2] Agree [21] Reply Report Abuse

  • Raj, Mangalore

    Thu, Oct 26 2017

    Trump support MAKE IN INDIA

    DisAgree [1] Agree [18] Reply Report Abuse

  • flavian dsouza, chik/bengaluru

    Thu, Oct 26 2017

    crores of tax payers money is invested in IIT/IIM and once they pass out they land in America and they reap the benefits of the best brains we have and spent money on without any investments.
    Just do a survey of number of IITians in abroad and India . They should make it mandatory to work in India for atleast three years or pay the entire fees so that its not hurting the tax payers

    DisAgree Agree [10] Reply Report Abuse

  • NN, Mangalore

    Thu, Oct 26 2017

    Quite a few H1-B Visa applicant use the fake documents to qualify them to be eligible for work Visa. US Government does not have adequate resources to verify each and every candidates' credentials. Once admitted, some of them even take up clerical jobs with IT designation replacing experienced higher salaries clerical level US employees. The President's Executive Order is the result of such abuse. Genuine professionals have no problems in getting H1-B Visa because USA need them. There will be exodus of non-verifiable document holders in coming years.

    DisAgree [1] Agree [2] Reply Report Abuse

  • moshu, mangaluru

    Thu, Oct 26 2017

    Indias economy gradually facing downfall ever since 'the chaiwala' came to power.

    DisAgree [4] Agree [25] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Oct 26 2017

    My friends Foreign Tours are all useless & waste of Money ...

    DisAgree [3] Agree [30] Reply Report Abuse

  • noh1bs, USA

    Thu, Oct 26 2017

    APPLAUSE!!! Thanks, President Trump.

    DisAgree Agree [10] Reply Report Abuse

  • Glen Dsouza, Mumbai/Udupi

    Thu, Oct 26 2017

    Mr.HENRY MiSQUITH, Bahrain ,what you say is 200% right. but this our culture since British time. Yes Sir to yes, No Sir to No.
    We have to be like Born India, Buy India , Die India. Jai Bharath

    DisAgree Agree [5] Reply Report Abuse

  • SMR, Karkala

    Thu, Oct 26 2017

    All that Modi speech from Madison Square Garden, New York City of US seems going useless. American President Donald Trump is not only building 'Great wall of Mexico' he is also making sure Indian brains drain for Americans as perto Gold is gaining.
    Now elections time in India. No 'videsh yatra' for Prime Minister of India until results in favor of BJP is announced.
    So it is expected next destination for PM Modi will be US to meet his best friends. Please make sure you are wearing 'Lumbar support belt' for your next visit as your Chief Minister from Madhya Pradesh had bumpy ride in his last visit.
    Jai Hind

    DisAgree [2] Agree [13] Reply Report Abuse

  • Vinod.raj, mangalore

    Wed, Oct 25 2017

    Seems Modi needs one more Trump"s hug...Hahaha

    DisAgree [3] Agree [17] Reply Report Abuse

  • HENRY MiSQUITH, Bahrain

    Wed, Oct 25 2017

    I don't understand why our Indian IT professionals have to depend on USA or any other countries and get insulted every time.

    DisAgree [6] Agree [27] Reply Report Abuse

  • Rob Stan, Udupi / US

    Wed, Oct 25 2017

    The education system in India is such that people can work only for others & not innovators. There are institutions in India where they give good coaching for IIT - JEE & other competitive exams, but this can make an employee & not an innovator like in here. To be an innovator a person needs overall development & not only in studies. Here they give importance to music, sports etc., in addition to studies. Total freedom, not having any castes or other similar systems, good quality food all play their role. Music, sports & good quality food helps the students to cool their mind and concentrate more on studies.

    DisAgree Agree [13] Reply Report Abuse

  • Danish, Mangalore

    Thu, Oct 26 2017

    I suggest you start working in India and help in the interest of this great Nation.

    DisAgree Agree [13] Reply Report Abuse

  • KRPrabhu, Mangalore /Bangalore

    Thu, Oct 26 2017

    Heluvudella shasthra...haakuvudu maathra gaala...⛹

    DisAgree [1] Agree [9] Reply Report Abuse


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