New US Rule on Deportation will start from October, will create impacts on H-1B Holders

The United States from 1st October would start executing a new rule that would allow initiation of banishment process of people whose legal right to reside in the country has already expired for rejection of the application of visa extension or status changes, reports an official.

However, in concern to H-1B visa holders, a federal agency has tied with this and said that for the time being this new rule would not be that implemented with respect to employment-based petition and humanitarian petitions and applications as well.

USCIS (the United States Citizenship and Immigration Services) tasked with extension and granting of the visa to non-immigrants, said yesterday that they will commence an incremental approach to implement the new US rule from October 1.

Under the newly introduced US rule, they will issue NTA (notice to appear) to people, whose application for visa extensions and changes in status have been rejected.

In immigration law parlance, NTA is considered as the first step towards exile to foreign nations, who do not have valid papers to stay legally in the States. It is an important legal document, which instructs an individual to appear before an immigration judge.

In recent months, extension application of H-1B visa holders have been rejected, a significant number of whom are Indian by nationality, the new US rule has a major impact on Indian residing in the United States. Bur at the time being, issued of NTA to those categories have been on hold.

USCIS said that it will send rejection letter for status-impacting applications, which ensures benefit seekers are offered adequate notice when an application for the benefit is rejected.

The reports said that it will detail over reviewing of application and concern to their period of authorized stay, validate, check travel compliance and departure from the United States.

The federal agencies will continue to give priority to individual cases with fraud, criminal records or national security concerns.

It said that “There has been no change to the current processes for issuing NTAs on these case types, and USCIS will continue to use its discretion in issuing NTAs for these cases.”

by Chandrani Sarkar on September 27, 2018

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