Context
Reports had emerged that the Trump administration was considering tightening the H-1B visa rules that could lead to deportation of 7,50,000 Indians
What has happened?
The United States has no plans under consideration to discontinue the extension of H-1B visas beyond six years, when beneficiaries wait for permanent residency, or green card, authorities clarified on Monday
Backdrop
A series of speculative reporting on the issue over the last 10 days that said lakhs of people will be forced to self-deport from the U.S. as a result of this move had caused panic among Indian Americans who comprise a significant portion of green card applicants. Actual numbers are not available
Statement by USCIS
U.S. Citizenship and Immigration Services (USCIS) under the Department of Homeland Security that administers the non-immigrant, temporary worker visa programme said in a statement: “….USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6 year limit.”
- AC-21 or the American Competitiveness in the Twenty First Century Act is the law passed by the U.S Congress in 2000, which also governs the extension of H-1B visas
Review is under consideration
The USCIS is reviewing the H-1B visa programme, and will come up with changes later this year. “The agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American Executive Order, including a thorough review of employment based visa programmes,” Mr. Withington, chief of media relations for USCIS, said
- But the Trump administration can change through executive action only those aspects of the H-1B programme that were effected through executive actions. The work permit for spouses of H-1B visa holders and the lottery system that selects beneficiaries of the programme every year are governed by executive decisions. The administration could suggest changes for Congress to consider and legislate, as part of its review
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