How new US visa rule, starting next week, will impact H-1B holders

Agencies
September 28, 2018

Washington, Sept 28: From Monday, the US would start implementing a new rule which allows initiation of deportation process of people whose legal status to stay in America has expired for reasons such as denial of visa extension application or change in status, officials said.

However in a relief to H-1B visa holders, a federal agency tasked with this said that for the time being this policy will not be implemented with respect to employment-based petitions and humanitarian applications and petitions.

US Citizenship and Immigration Services (USCIS), tasked with granting visa or its extension to non-immigrants, said Wednesday they will start taking an incremental approach to implement the new rule from October 1.

Under the new rule, they will issue notices to appear (NTA) to people whose applications regarding visa extension or changes in status have been denied.

NTA, in immigration law parlance, is considered the first step towards deportation of foreign nationals who do not have valid papers to legally stay in the US. It is a document that instructs an individual to appear before an immigration judge.

Given that in recent months, applications of extension of H-1B visa holders have been denied, a significant number of whom are Indian nationals, the new rule could have a major impact on Indians living in the US. But for the time being, issue of NTA to those categories have been put on hold.

USCIS said it will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied.

It said it will provide details on how applicants can review information regarding their period of authorised stay, check travel compliance, or validate departure from the US.

The federal agency will continue to prioritise cases of individuals with criminal records, fraud, or national security concerns.

“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,” it said.

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Agencies
March 1,2020

Washington, Mar 1: Beginning April 1, Indians wishing to immigrate to America will now have to pay an additional $50,000 for the EB-5 or the US investor visa, a media report said.

Although, this additional tax would impact all visa categories, it will predominantly create a barrier for people investing in the EB-5 visa programme, the American Bazaar daily said in the report on Friday.

In 2019, the EB-5 investor visa programme, for the first time since the 1990's, increased the minimum investment amount to $900,000.

With this increase in minimum investment, the new 5 per cent additional tax would mean that applicants would have to pay the extra $50,000, when they move money to an escrow account in the US to fulfil their application criterion.

"The changes to the tax on remittances is a reminder to Indians to carefully plan their tax position before making the move to the US," the American Bazaar quoted Mark Davies, Global Chairman, Davies & Associates LLC, as saying.

"People seeking to emigrate who do not wish to pay this tax at source and rather account for it later may wish to move their money ahead of the new rules coming into effect.

"It is possible to pre-emptively move money into an escrow account in the US until such a time as they are ready to proceed with emigration process," he added.

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News Network
June 24,2020

Jun 24: The coronavirus tally in Pakistan reached 188,926 with the detection of 3,892 new cases in the last 24 hours, the health ministry said on Wednesday.

Sixty more people died due to the viral infection, taking the death toll to 3,755.

As many as 3,337 patients are in critical condition across the country, the ministry said.

With the detection of 3,892 new cases in the last 24 hours, the coronavirus tally in the country now stands at 188,926, it said.

Sindh reported the maximum number of 72,656 cases, followed by 69,536 in Punjab, 23,388 in Khyber-Pakhtunkhwa, 11,483 in Islamabad, 9,634 in Balochistan, 1,337 in Gilgit-Baltistan and 892 in Pakistan-occupied Kashmir (Pok).

Health authorities have so far conducted 1,150,141 coronavirus tests, including 23,380 in the last 24 hours.

A total of 77,754 patients have recovered so far from the disease.

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Agencies
February 12,2020

London, Feb 12: Fugitive liquor baron Vijay Mallya returned to the courtroom here on Wednesday, the second day of hearing at the UK High Court, where the former billionaire has appealed against the extradition decision of Westminster Magistrates Court in December 2018.

On being asked about his expectations from the lengthy appeals process against the extradition order as today is the last day for Mallya to present his defence, the embattled former Kingfisher Airlines boss replied, "I have no clue. You see. I'll also see it. Let's not get into a speculative game."

When asked on what would happen if Mallya loses the case and has to return to India, the liquor baron responded: "We do have arguments."

The UK High Court, on Tuesday, had also heard Mallya's appeal against the Westminster Magistrates' Court order extraditing him to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crore.

Mallya was present in the court along with his counsel Clare Montgomery during the hearing. Officials from Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) along with counsel Mark Summers representing the Indian government were also present.

When the judge asked if there was a timeline in the case, Clare said," This is a very dense case," involving multiple individuals and organisations and that not everything had been taken into account by the magistrate Emma Arbuthnot in her ruling against Mallya.

Montgomery contended that the magistrate's ruling had been riddled with "multiple errors". She also brought into question the admissibility of documents submitted by the Indian government - including witness statements and emails that proved crucial in the ruling by judge Arbuthnot, who found "clear evidence of misapplication of loan funds" and that there was a prima facie case of fraud against Mallya.

As she had done throughout the trial, Montgomery continued to assert that Mallya had not acted in a fraudulent manner or run a pyramid and that the collapse of Kingfisher Airlines was, in fact, the failure of a business in difficult economic circumstances.

She also reiterated concerns about the conduct of the Central Bureau of Investigation (CBI) in bringing charges against Mallya, claiming that the tycoon had been made a scapegoat.

Montgomery also stated that the Indian government had presented the loan taken out by Kingfisher Airlines, not as a simple business loan but was part of a larger and elaborate attempt at defrauding the banks by Mallya and Kingfisher Airlines management.

This, Montgomery contended, was but one example of a wider misinterpretation of the case by judge Arbuthnot.

The High Court justices reprimanded Montgomery for concentrating on the evidence - in essence rehashing the case presented at the lower court - rather than the apparent "mistakes" made by judge Arbuthnot in her ruling.

Mallya remains on bail of £650,000 as he has done throughout this legal process.

The Crown Prosecution Service which is representing the Government of India will present its case for the extradition of Mallya on Wednesday.

The 63-year-old businessman fled India in March 2016 and has been living in the UK since then.

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