Rules Changes, US to deport H-1B Holders with Expired Visas
US to Initiate Deportation of H-1B Holders with Expired Visas, Starting October 1 # 75,000 Indians
All US workers, living and working in the country under an H-1B visa so far, may face deportation in case their legal stay in the US has expired. The US Citizenship and Immigration Services (USCIS) will start the application of this rule by firstly sending Notices NTA – Notices to Appear will be issued to individuals under the new rule. This is for those whose visa applications have been denied. It could be extensions or status change. To Appear (NTA) to those who were denied visa extension or change in status. The NTA is the first step towards deportation of foreign nationals. It is an invitation for the foreigner in the US to appear in front of an immigration judge. The first people to receive a NTA due to this rule will be those with criminal record, fraud or national security concerns.
New H-1B Visa Rules May Lead To Mass Deportation Of 75,000 Indians From The US
The US Citizenship and Immigration Services (USCIS), which is tasked with granting visas and extensions to non-immigrants said on Wednesday that they will start an incremental approach to implement the rule from October 1.
In the recent months, H-1B visa holders have been denied the extension applications. Majority of these are Indians. The new rule is not in force for them for now. It will have a major effect on them whenever it gets operational.
Jennifer Minear, a director in the immigration practice group at McCandlish Holton, recently in an interview to Forbes explained how the new policy is different. She said that in the past, USCIS generally referred matters of potentially removable foreign nationals to Immigration and Customs Enforcement to determine whether removal proceedings should actually be initiated by issuing a Notice to Appear. "However, under its new policy memorandum, USCIS has greatly expanded its mandate for issuing NTAs without first consulting ICE," she said.
Ever since Donald Trump took over, he has introduced multiple rules to further tighten country's immigration policy in a bid to curb the number of foreign professionals in the USA.
Between 2015 and 2017, top seven Indian IT companies experienced a whopping 43 per cent drop in their H-1B visa approvals.