Relief for spouses of H-1B visa holders: US delays decision on work authorisation for H-4 visa programme

Agencies
March 3, 2018

Washington, Mar 3: The Trump administration has delayed its decision on termination of work authorisation for spouses of the H-1B visa holders, in a big relief to a significantly large number of Indian workers and their families.

The Department of Homeland Security (DHS) in a court submission this week said that it would not take a decision on terminating the work authorisation of H4 visa users, spouses of H-1B visa holders, till June as it needs time to review the economic impact of such a decision.

Since 2015, the spouses of H-1B, or high-skilled, visa holders waiting for green cards have been eligible to work in the US on H-4 dependent visas, under a rule introduced by the previous Obama administration.

The DHS was previously scheduled to take a call on it by 28 February.

"Consistent with the government's prior representations, DHS was working to issue an NPRM (Notice of Proposed Rule Making) in February 2018.

"However, in January 2018, United States Citizenship and Immigration Services (USCIS), the component of DHS responsible for oversight of the H-4 visa programme at issue in this litigation, reevaluated the rule and determined that significant revisions to the draft proposal were necessary,” DHS said in its fresh court submission.

It said the revisions required a new economic analysis which required additional several weeks to perform.

"The changes to the rule and the revised economic analysis require revisions to the projected time-line for the NPRMs publication, and therefore cannot be issued in February,” it said.

"Under the revised timeline, DHS anticipates submitting to the office of management and budget for review and clearance the proposed rule in time for publication in June 2018," it said.

The extension of the decision-making process by four months comes as a temporary relief to the spouses of H-1B visas holders, a significantly large number of whom are Indian workers.

The H-1B programme attracts foreign specialised workers to come to the United States for employment, many of them from India and China.

"We are very hopeful. We want to believe that DHS is re-looking at this because of our efforts,” Jansi Kumar, co-founder of the group Save H-4 EADs, told India-West, a local ethnic Indian newspaper from California.

"They have been very supportive as we tell them about our situation," said Kumar, noting that "members from both sides of the aisle have responded favourably to the organisation's concerns".

Such a court submission by DHS comes as part of an ongoing petition by 'Save Jobs USA', an organisation of IT workers who claim they lost their jobs to H-1B workers.

The organisation has filed a lawsuit against the decision of the previous Obama Administration to give work authorisation to the spouses of H-1B visa workers whose Green card applications have been approved.

An online petition has been launched urging the Congress not to cancel work authorisation of H-4 visas.

"Please do not cancel H4 EAD. Those who are applying for H4 EAD are contributing to American society instead of creating burdens," the online petition says.

"We are talented, highly skilled and experienced individuals. Why should we suffer because we are citizens-in-waiting for 8-15 years? You have agreed to make us citizens, treat us like one.

"Let us work till the broken immigration system is reformed. We are not a burden on social security or Medicare. In fact, we contribute to the US growth. Why should we be discriminated against when you have accepted us for citizenship?" the petition reads.

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Agencies
July 1,2020

The ILO has warned that if another Covid-19 wave hits in the second half of 2020, there would be global working-hour loss of 11.9 percent - equivalent to the loss of 340 million full-time jobs.

According to the 5th edition of International Labour Organisation (ILO) Monitor: Covid-19 and the world of work, the recovery in the global labour market for the rest of the year will be uncertain and incomplete.

The report said that there was a 14 percent drop in global working hours during the second quarter of 2020, equivalent to the loss of 400 million full-time jobs.

The number of working hours lost across the world in the first half of 2020 was significantly worse than previously estimated. The highly uncertain recovery in the second half of the year will not be enough to go back to pre-pandemic levels even in the best scenario, the agency warned.

The baseline model – which assumes a rebound in economic activity in line with existing forecasts, the lifting of workplace restrictions and a recovery in consumption and investment – projects a decrease in working hours of 4.9 percent (equivalent to 140 million full-time jobs) compared to last quarter of 2019.

It says that in the pessimistic scenario, the situation in the second half of 2020 would remain almost as challenging as in the second quarter.

“Even if one assumes better-tailored policy responses – thanks to the lessons learned throughout the first half of the year – there would still be a global working-hour loss of 11.9 per cent at the end of 2020, or 340 million full-time jobs, relative to the fourth quarter of 2019,” it said.

The pessimistic scenario assumes a second pandemic wave and the return of restrictions that would significantly slow recovery. The optimistic scenario assumes that workers’ activities resume quickly, significantly boosting aggregate demand and job creation. With this exceptionally fast recovery, the global loss of working hours would fall to 1.2 per cent (34 million full-time jobs).

The agency said that under the three possible scenarios for recovery in the next six months, “none” sees the global job situation in better shape than it was before lockdown measures began.

“This is why we talk of an uncertain but incomplete recovery even in the best of scenarios for the second half of this year. So there is not going to be a simple or quick recovery,” ILO Director-General Guy Ryder said.

The new figures reflect the worsening situation in many regions over the past weeks, especially in developing economies. Regionally, working time losses for the second quarter were: Americas (18.3 percent), Europe and Central Asia (13.9 percent), Asia and the Pacific (13.5 percent), Arab States (13.2 percent), and Africa (12.1 percent).

The vast majority of the world’s workers (93 per cent) continue to live in countries with some sort of workplace closures, with the Americas experiencing the greatest restrictions.

During the first quarter of the year, an estimated 5.4 percent of global working hours (equivalent to 155 million full-time jobs) were lost relative to the fourth quarter of 2019. Working- hour losses for the second quarter of 2020 relative to the last quarter of 2019 are estimated to reach 14 per cent worldwide (equivalent to 400 million full-time jobs), with the largest reduction (18.3 per cent) occurring in the Americas.

The ILO Monitor also found that women workers have been disproportionately affected by the pandemic, creating a risk that some of the modest progress on gender equality made in recent decades will be lost, and that work-related gender inequality will be exacerbated.

The severe impact of Covid-19 on women workers relates to their over-representation in some of the economic sectors worst affected by the crisis, such as accommodation, food, sales and manufacturing.

Globally, almost 510 million or 40 percent of all employed women work in the four most affected sectors, compared to 36.6 percent of men, it said.

The report said that women also dominate in the domestic work and health and social care work sectors, where they are at greater risk of losing their income and of infection and transmission and are also less likely to have social protection.

The pre-pandemic unequal distribution of unpaid care work has also worsened during the crisis, exacerbated by the closure of schools and care services.

Even as countries have adopted policy measures with unprecedented speed and scope, the ILO Monitor highlights some key challenges ahead, including finding the right balance and sequencing of health, economic and social and policy interventions to produce optimal sustainable labour market outcomes; implementing and sustaining policy interventions at the necessary scale when resources are likely to be increasingly constrained and protecting and promoting the conditions of vulnerable, disadvantaged and hard-hit groups to make labour markets fairer and more equitable.

“The decisions we adopt now will echo in the years to come and beyond 2030. Although countries are at different stages of the pandemic and a lot has been done, we need to redouble our efforts if we want to come out of this crisis in a better shape than when it started,” Ryder said. 

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Agencies
January 4,2020

Tel Aviv, Jan 4: Israeli Prime Minister Benjamin Netanyahu on Friday came out in the support of Trump administration for carrying out the strike near Baghdad's international airport which led to the killing of Iran's elite IRGC Qassem Soleimani, saying that "The US has the right of self-defence."

"Just as Israel has the right of self-defence, the United States has exactly the same right. Qassem Soleimani is responsible for the death of American citizens and many other innocent people. He was planning more such attacks," PM Benjamin Netanyahu wrote on Twitter.

In another tweet, Netanyahu also credited US President Donald Trump for acting decisively in the operation of Iraq that led to the killing of Qassem Soleimani -- a US-designated terrorist, along with six others.

"President Donald Trump deserves all the credit for acting swiftly, forcefully and decisively. Israel stands with the United States in its just struggle for peace, security and self-defence," he added.

Meanwhile, Iran on Friday vowed to take a "vigorous revenge" over the killing of General Qassem Soleimani, the head of Iran's elite IRGC.

The US had accused Soleimani of orchestrating several attacks on coalition bases in Iraq including the December 27 attack in which American and Iraqi personnel were killed. 

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Agencies
August 4,2020

Washington, Aug 4: US President Donald Trump gave popular Chinese-owned video app TikTok six weeks to sell its US operations to an American company, saying Monday it would be "out of business" otherwise, and that the government wanted a financial benefit from the deal.

"It's got to be an American company... it's got to be owned here," Trump said. "We don't want to have any problem with security."

Trump said that Microsoft was in talks to buy TikTok, which has as many as one billion worldwide users who make quirky 60-second videos with its smartphone app.

But US officials say the app constitutes a national security risk because it could share millions of Americans' personal data with Chinese intelligence.

Trump gave the company's Chinese parent ByteDance until mid-September to strike a deal.

"I set a date of around September 15, at which point it's going to be out of business in the United States," he said.

Whatever the price is, he said, "the United States should get a very large percentage of that price because we're making it possible."

Trump compared the demand for a piece of the pie to a landlord demanding under-the-table "key money" from a new tenant, a practice widely illegal including in New York, where the billionaire president built his real estate empire.

"TikTok is a big success, but a big portion of it is in the country," he said. "I think it's very fair."

But Trump also threw a surprise new condition in any deal, saying the sale of TikTok's US business would have to result in a significant payout to the US Treasury for initiating it.

"A very substantial portion of that price is going to have to come into the Treasury of the United States, because we're making it possible for this deal to happen," Trump told reporters.

"They don't have any rights unless we give it to them," he said.

Sell or shut down

The pressure for a sale of TikTok's US and international business, based in Los Angeles, left the company and ByteDance facing tough decisions.

Trump has made TikTok the latest front in the ongoing political and trade battles between Washington and Beijing.

The app has been under formal investigation on US national security grounds because it collects large amounts of personal data on all its users and is legally bound to share that with authorities in Beijing if they demand it.

Both its huge user base and its algorithm for collecting data make it hugely valuable.

But being forced by the US government to sell at least its US business or be shut down -- and to then split the sale price with the US Treasury as Trump is demanding -- was an almost unheard-of tactic.

Shutting down could force users to switch to competitors, and many content creators are already encouraging followers to follow them on other social media platforms.

"The most obvious beneficiaries are Snapchat, Facebook and Twitter, with Snapchat likely being the biggest beneficiary," said investment analysts at Lightshed Partners.

Earlier Monday, ByteDance founder Zhang Yiming acknowledged the hefty pressure and said in a letter to staff, reported by Chinese media, that they were working around-the-clock "for the best outcome."

"We have always been committed to ensuring user data security, as well as the platform neutrality and transparency," Zhang said.

However, he said, the company faces "mounting complexities across the geopolitical landscape and significant external pressure."

He said the company must confront the challenge from the United States, though "without giving up exploring any possibilities."

According to Britain's The Sun newspaper Monday, as a possible consequence of the pressure, ByteDance is planning to relocate TikTok's global operations to Britain.

Pushing back

China's foreign ministry pushed back Monday, calling Washington hypocritical for demanding TikTok be sold.

"The US is using an abused concept of national security and, without providing any evidence, is making presumptions of guilt and issuing threats to relevant companies," said spokesman Wang Wenbin.

"This goes against the principle of market economy and exposes the hypocrisy and typical double standards of the US in upholding so-called fairness and freedom," he added.

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