Trump administration gives a big blow to Indians; tightens extension of H-1B, L1 visa rules

Washington, October 26: The concerns of Indian Nationals seeking H1B visa for the United States has now again increased gradually due to fear of losing their jobs and dreams. Notably, giving up a big blow to Indians, the Trump administration has tightened the renewal of non-immigrant visas such as H-1B and L1 mainly popular among IT professionals. 

The United States Citizenship and Immigration Services (USCIS) on Wednesday revoking its more than 13-year-old policy said that the burden of proof in establishing eligibility is, at all times, on the petitioner. According to the revised rules, the visa holders or petitioners need to prove to the federal authorities that they are still eligible for the visa they apply for.

USCIS said the previous memorandum of April 23, 2004, appeared to place this burden on this federal agency. USCIS further said, "This memorandum makes it clear that the burden of proof remains on the petitioner, even where an extension of non-immigrant status is sought."

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

The USCIS in a statement said, "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 added. This new policy will make sure that only qualified H-1B workers will be allowed to stay in the US and will help crack down on visa fraud and abuse, the statement noted.

Earlier in the month of April this year, President Trump signed an executive which ordered federal agencies to the rules for technology companies seeking to bring highly skilled foreign workers to America. However, this step was taken by President Trump to carry out his campaign “America First” for bringing more jobs for his countrymen.

The order signed by Trump mainly targeted the H-1B visa programme. The executive order which was signed by President Trump is on the basis of “Buy American, Hire American” in Kenosha, Wisconsin, initiating visa and government purchase reforms. Premium processing of H-1B visa was suspended in April to handle huge rush of new petitions which was the biggest blow for Indians.

Later, the United States resumed the premium processing of H-1B visa with the revised and tightened rules. Following developments came after External Affairs Minister Sushma Swaraj mentioned the visa issue with US Secretary of State Rex Tillerson when the two leaders met in New York.

Interestingly, after winning the elections, the then President-elect Trump said, “We will have two simple rules when it comes to this massive rebuilding effort, buy American and hire American.” During his campaign trail also Trump vowed that “the American people will come first once again.”