H-1B visa extensions would be smoother as Trump-era memo is revoked


MUMBAI: The United States Citizenship and Immigration solutions (USCIS) features instructed its officials to defer to past approvals when expanding visas, such as the H-1B work visa.
In quick, USCIS is reverting to its previous long-standing guidance granted in 2004. The Trump management had revoked this assistance and required that each visa expansion be addressed as a new application. This had led to a rise in needs for additional documentation (referred to as needs for proof – RFEs) which enhanced administrative charges for sponsoring employers and resulted in delays. Or perhaps in other circumstances, there is an outright denial of visa extensions on different reasons.
To illustrate: within the last couple of years, even if there was no change in realities – such as the job profile, the visa extension sought for H-1B holders ended up being rejected on the ground the work is certainly not a speciality profession. This stand had been taken by USCIS, even as the first H-1B visa had been given due to the task being a speciality occupation. TOI has reported on a few these types of situations and the legal actions that ensued.
However, USCIS cautions that officers may well not defer to a prior approval whenever there are material modifications or where new product information is readily available that undermines eligibility, including publicly readily available information affecting qualifications the advantage. The insurance policy will not apply if there clearly was a material mistake in the previous decision that resulted in giving of this visa.
Rajiv S. Khanna, managing attorney at Immigration.com informed TOI, “Business entities make programs based on consistency and predictability – not able to depend on the option of expert employees had not been conducive to business nor to non-citizen workers.”
“It was always extremely tough to describe to any reasonable person that an immigration benefits application that had been approved could be rejected later during an extension, also without having any alterations in the reality. Hence, the guideline of law had been usurped by unfettered discernment. Further, litigating matters of discretion in courts had been a hard and time intensive task,” added Khanna.
There is an annual cap of 85,000 new H-1B visa allotments, hence typically visa extensions are much much more in quantity. Including, in fiscal 2019, how many brand-new H-1B visas granted to Indians was 79,423 (that may consist of non-cap visas). Visa extension numbers had been much higher at 1.99 lakh.
This favourable plan change statement uses United States President Joe Biden’s Executive Order geared towards restoring trust within the legal immigration system. Mitchell Wexler, partner, Fragomen, a global immigration law firm told TOI, “After the 2017 Trump-era policy memo dispensing with all the more permissive deference plan, RFEs increased significantly, also on applications with several previous approvals on the same realities. Reverting Right Back To the prior plan should reduce steadily the few expansion RFEs and lower their particular processing times.”
Wexler amounts up by saying, “This is a welcome, wise practice modification. All it can is allow USCIS not to ever re-adjudicate eligibility requirements so it currently had. Naturally, needed updating of realities and circumstances remains required which is exceedingly reasonable.”


Published at Wed, 28 Apr 2021 13:59:05 +0000

Harris assumes on 'hard work' in 100 times as vice president


United States Vice-president Kamala Harris

WASHINGTON: whenever President Joe Biden known as Kamala Harris as his running mate, there have been whispers about her ambition — would an old competitor be a faithful soldier to a president she so greatly criticized on promotion trail?
Fuelling those whispers had been their commitment — while cordial, it had been in the beginning not particularly close.
But 100 times into Biden’s term, things look completely different. Harris has grown to become one of many management’s most prominent advocates for Biden’s agenda, standing alongside him at most of the of their significant notices and creating a relationship that aides say is closer than most presidents had due to their seconds-in-command.
Harris has had on one of the administration’s most challenging jobs — handling the source factors that cause migration towards US from Mexico and Central America. The issue features bedeviled presidents from both events for decades and contains no effortless solutions.
Tina Flournoy, Harris’ main of staff, stated the vice-president has “taken it on with gusto.”
“She states in my opinion, When you decide you are going to run for office as well as your name’s regarding ballot, close to it are not two containers that say, effortless work’ and persistence,'” Flournoy stated.
Of the tough dilemmas, Flournoy included: “Are we likely to disregard them because they’re tough? Or are we likely to actually dig in and attempt to fix them?”
The COVID-19 pandemic was the administration’s greatest challenge during its first 100 times. People health insurance and financial crisis of historic proportions features required the White House be effective differently from Day certainly one of Biden’s tenure.
The pandemic sharply limited travel because of the president and vice-president, which has had one gold liner: Because Harris wasn’t on the go up to past vice presidents early on, she’s invested more time with Biden, helping cement their particular relationship.
The two have had lunch every Friday, and on a typical day may spend four to five hours in meetings collectively, which helps to ensure that her vocals is heard and her fingerprints tend to be left on significant plan decisions, aides say. They point to the expansion regarding the youngster income tax credit and child care money as examples of the woman concerns.
Harris had a job in developing Biden’s schedule and “also the method of selling it, both to your American people, as well as on the Hill,” Flournoy said.
Aides say Harris in addition has shown enthusiasm for many less-glamorous facets of the administration’s $2.3 trillion infrastructure plan as she actually is been advertising it — including water issues, with which she had experience during the woman time as a US senator for California, broadband accessibility and provisions growing electric car usage.
Being the country’s very first Black, South Asian and female vice president informs her workplace with techniques both big and little. And she will have a prominent spot behind Biden on Wednesday as he addresses a joint session of Congress the very first time.
Harris has actually opted for to champion problems that are top priorities for a lot of the woman job and mirror her own lived experience. She told aides on the first-day in workplace that she desired to give attention to relief to small businesses.
She’s additionally dedicated to guidelines that affect ladies and kids, including Ebony maternal death. And she’s homed in on the disproportionate impact of this COVID-19 pandemic and slow economy on females and people of color.
Harris has decorated the woman company with small nods to her historic part: a bust of abolitionist Frederick Douglass, contributed by the woman alma mater, Howard University, together with the shoulder bars from first Ebony female brigade commander at the US Naval Academy.
the woman assistance for the president along with his schedule might have enhanced their relationship, but it’s kept some advocates desiring more from the girl on two major problems — unlawful justice reform and immigration.
On criminal justice reform — certainly one of her campaign priorities — Harris has actually scarcely already been out front side. While she actually is talked alongside Biden in reaction to present size shootings, and at a meeting announcing their executive purchases on guns, the administration as a whole hasn’t made an important general public push in the problem.
Andrea James, executive manager and president associated with the nationwide Council for Incarcerated and Formerly Incarcerated Women & babes, said that deciding on Harris is “a girl of color, the woman history, the woman pride and speaing frankly about her mother who was a brave and courageous girl and fought hurdles due to the color of her skin,” they likely to see even more from her speaking on the issue.
Aides say Harris is making telephone calls to Capitol Hill and dealing regarding criminal justice issue behind the scenes.
On immigration, Harris has-been hammered through the remaining and right as she’s taken on the brand new role addressing the source causes of migration in the southern border.
While Republicans have actually criticized Biden and Harris as absent on the issue since they haven’t seen the border yet, progressive immigration teams complain the management hasn’t done adequate to push for a pathway to citizenship for undocumented immigrants.
Lorella Praeli, president of Community Change Action, said Harris ended up being a “true winner for immigrants” as a senator therefore had been essential that she today “lean in and she assist to carry this dilemma.”
a number of Harris’ allies have expressed issues the issue is so amorphous and intractable that there surely is no clear solution, which Harris would be evaluated harshly even in the event she tends to make progress.
The issue arises partly from a desire to protect Harris’ governmental future. While Biden insists he plans on running for reelection, numerous political observers think he’ll decide against it, clearing a path for Harris.
Experts and advocates dedicated to immigration say it’s prematurily . to judge the end result of the woman work there. Harris features so far had conversations because of the leaders of Mexico and Guatemala, and is preparing her very first visit to the region in June.


Published at Wed, 28 Apr 2021 11:07:03 +0000