US visa becomes trickier. The Citizenship of States and USCIS has introduced a new rule that will deport process against those Indian whose request for visa extension has been rejected and the tenure of stay granted by the US authorities has expired.
Trump administration has empowered officials to reject visa applications under certain circumstances – if the required ‘ ‘initial evidence’ wasn’t submitted or it failed to establish.
The step will come into practice on 11, Sep 2018.
US immigration officials can reject a visa application (including those for H-1B) outright if the “initial evidence” is incomplete or unsubstantiated. That means employers are less likely to get a second chance to provide additional documents or offer explanations to strengthen a candidate’s eligibility.
The US Immigration Department also come up with the policy of memorandum on June 28, 2018, which allows the USCIS to issue ‘Notices to Appear’ (NTA) in cases where, upon the denial of an application or petition, an applicant is unlawfully present in the United States.
Under the new rules, USCIS officers will now issue an NTA for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States, the policy memorandum.
As per Forbes who interviewed immigration practitioner Attorney Jennifer Minear the director of Mc Candlish Holton group, explain 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. According to Jennifer, NTA is a charging document issued by the Department of Homeland Security through any of its component agencies – Immigration and Customs Enforcement (ICE), US Customs and Border Protection (CBP), or US Citizenship and Immigration Services. She said: “The purpose of the Notice to Appear is to place an individual into deportation proceedings.”
The United States’ latest move could hit thousands of Indians who wanted an extension of H1-B visa or whose visa has been expired. Ever since Donald Trump took over, he has introduced multiple rules to further tighten the 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 percent drop in their H-1B visa approvals.
