Proposed regulation on H1B visa holders’ spouses to affect thousands of Indians

Agencies
February 22, 2019

Feb 22: The White House has formally received the proposed changes in the existing regulations to end the work authorisation for certain categories of H-1B foreign work visas.

The move that would impact over 90,000 spouses of H-1B visa holders, an overwhelming number of whom are Indians, was sent by the Department of Homeland Security to the White House Office of management for Budget on Wednesday, officials said.

It’s now for the White House to take a final call on it, before a formal regulation in this regard could be issued and the Department of Homeland Security can inform a federal court, where a lawsuit on this issue is pending.

Now White House would carry out its review of the proposed regulation, take inputs from various agencies, before taking a final call. The entire process could take from a few weeks to several months.

US Citizenship and Immigration Services (USCIS) which manages the programme said the proposed regulation was not final until the review and comment process was complete. As per the existing process, once White House gives its nod, the regulation would be published in federal register with a 30-day comment period.

It is only after that the new changes can come into effect. The Trump administration is moving ahead with its proposed regulation, despite strong resistance from a group of US lawmakers including Senator Kamala Harris, and Silicon Valley companies who argue that this is not only anti-women, but also prevents talented spouses of H-1B visa holders from working in the United States.

Meanwhile, the US Court of Appeals, District of Columbia has extended the time for various stakeholders, including the Department of Homeland Security to submit its responses on the lawsuit against it filed by the organisation Save Jobs USA.

In September, Save Jobs USA which had filed the lawsuit urged the court to remove the abeyance and move forward with the case.

The case is before a three-member bench including Indian American Sree Srinivasan. The move comes after the Department of Homeland Security sought a stay on all existing deadlines because of the more than one-month-long partial shutdown of the federal government.

Save Jobs USA has expressed its disappointment over the slow progress on this issue.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 14,2020

New Delhi, Apr 14: The World Health Organization on Tuesday lauded "India's tough and timely actions" against the coronavirus spread as Prime Minister Narendra Modi announced the extension of current lockdown till May 3.

"It may be early to talk about results in numbers, but a six-week nationwide lockdown to facilitate effective physical distancing, coupled with the expansion of core public health measures such as detection, isolation and tracing contact of coronavirus positive people, would go a long way in arresting the virus spread," said WHO's South-East Asia Regional Director, Dr Poonam Khetrapal Singh.

"Despite huge and multiple challenges, India has been demonstrating unwavering commitment in its fight against the pandemic," she said.

"In these testing times, the action lies as much with the communities as with the authorities and the health workforce," she added.

"It is indeed time for each and every one to contribute their best and together to beat the virus," Dr Singh said.

Modi on Tuesday said the implementation of the lockdown will be strictly ensured in coming days to ensure that the virus does not spread to new areas

The prime minister said a detailed guideline on the implementation of the new lockdown will be announced on Wednesday.

According the Union Health Ministry figures, a total of 339 people have died of COVIOD-19 till date in the country, while the number of infected cases has soared to 10,363 on Tuesday.

A PTI tally of figures reported by various states as on Monday evening, however, showed at least 346 deaths.

There has been a lag in the Union Health Ministry figures, compared to the number of deaths announced by different states, which officials attribute to procedural delays in assigning the cases to individual states.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 16,2020

Manila, Mar 16: The Philippines has detected an outbreak of avian flu in a northern province after tests showed presence of the highly infectious H5N6 subtype of the influenza A virus in a quail farm, the country's farm minister said on Monday.

Agriculture Secretary William Dar said the bird flu virus, the same strain that hit some local poultry farms in 2017, was detected in Jaen municipality in Nueva Ecija province, where about 1,500 quails had died on one farm alone.

A total of 12,000 quails have been destroyed and buried to prevent further infections, Dar said, citing field reports.

"We are on top of the situation," he said. "Surveillance around the 1-km and 7-km radius will be carried out immediately to ensure that the disease has not progressed around the said perimeter."

Animal quarantine checkpoints have also been set up to restrict the movement of all live domestic birds to and from the quarantine area, he said.

"We would like to emphasise that this is a single case affecting one quail farm only," Dar said.

Dr. Arlene Vytiaco, technical spokeswoman for avian flu at the agriculture department, said that while there is a possibility of transmission to humans through excretion and secretion, "the chances are very slim".

"There is also zero mortality rate," she said.

Dar said his department and the local government were jointly conducting an investigation and contact-tracing to determine the source of infection.

To ensure steady domestic supply of poultry, he said the transport of day-old chicks, hatching eggs and chicken meat will be allowed provided the source farms have tested negative for bird flu.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 23,2020

Jun 23: US President Donald Trump has issued a proclamation to suspend issuing of H-1B visas, which is popular among Indian IT professionals, along with other foreign work visas for the rest of the year.

Trump said the step was essential to help millions of Americans who have lost their jobs due to the current economic crisis.

Issuing the proclamation ahead of the November presidential elections, Trump has ignored the mounting opposition to the order by various business organisations, lawmakers and human rights bodies.

The proclamation that comes into effect on June 24, is expected to impact a large number of Indian IT professionals and several American and Indian companies who were issued H-1B visas by the US government for the fiscal year 2021 beginning October 1.

They would now have to wait at least till the end of the current year before approaching the US diplomatic missions to get stamping. It would also impact a large number of Indian IT professionals who are seeking renewal of their H-1B visas.

“In the administration of our Nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour,” said the proclamation issued by Trump.

In his proclamation, Trump said that the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment rates ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 percent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till the end of the year his previous executive order that had banned issuing of new green cards of lawful permanent residency.

Green card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job, in any sector of the economy, he said.

“American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work. Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers,” Trump said.

“Under ordinary circumstances, properly administered temporary worker programmes can provide benefits to the economy. But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain non-immigrant visa programmes authorising such employment pose an unusual threat to the employment of American workers,” he said.

For example, Trump said, between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas.

“During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions,” he said.

“Also, the May unemployment rate for young Americans, who compete with certain J non-immigrant visa applicants, has been particularly high -- 29.9 percent for 16-19-year-olds, and 23.2 percent for the 20-24-year-old group,” he said.

“The entry of additional workers through the H-1B, H-2B, J, and L non-immigrant visa programmes, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak,” Trump said.

Trump observed that excess labour supply is particularly harmful to workers at the margin between employment and unemployment -- those who are typically "last in" during an economic expansion and "first out" during an economic contraction.

In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and Americans with disabilities, he said.

The proclamation suspends and limits entry into the US of H-1B, H-2B and L visas and their dependents till December 31, 2020. It also includes certain categories of J visas like an intern, trainee, teacher, camp counselor, or summer work travel programme.

The new rule would apply only to those who are outside the US, do not have a valid non-immigrant visa and an official travel document other than a visa to enter the country.

According to the proclamation, it does not have an impact on lawful permanent residents of the United States and foreign nationals who are spouses or child of an American citizen.

Foreign nationals seeking to enter the US to provide temporary labour or services essential to the food supply chain are also exempted from the latest proclamation.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.