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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News Network
May 25,2020

Islamabad/Dhaka, May 25: The coronavirus pandemic and lockdowns coupled with travel restrictions and social distancing norms have muted the Eid celebrations in Pakistan and Bangladesh as worshippers in the two Muslim-majority countries marked the end of Ramzan in strictly-regulated prayer congregations.

A large number of people in the two countries were forced to stay indoors on the occasion of Eid al-Fitr, marking the end of the fasting month of Ramzan, due to the fears of contracting the novel coronavirus which has killed nearly 3.5 lakh people and infected over 5.4 million across the world.

In Pakistan, the government has issued strict instructions to observe social distancing while offering Eid prayers and asked people to avoid visiting relatives and hosting parties.

As the railways remained closed, many people could not travel to their hometowns for the most important festival.

Eid congregations were held at open places, mosques and Eidgahs in all major cities and towns while following strict standard operating procedures (SOPs) of social distancing and other precautionary measures. But in some areas, the people did not adhere to the SOPs and were seen thronging to their favourite shops to celebrate Eid.

Pakistan Prime Minister's Special Assistant on Health Zafar Mirza on Friday said the deadly infection would continue to multiply if precautions are not taken.

Earlier this month, the government announced the lifting of the countrywide lockdown imposed to curb the spread of the COVID-19 in phases, even as infections continued to rise in the country.

Pakistan's coronavirus cases on Monday reached 56,349 with 1,748 new patients while the death toll climbed to 1,167 after 34 people lost their lives in the last 24 hours.

The trajectory showed that the number was steadily going up with authorities fearing a rise in cases in the wake of the easing of lockdown before Eid.

But Prime Minister Imran Khan cited the economic havoc the virus restrictions had wreaked on citizens as the reason behind the decision to ease the restrictions.

He urged Pakistanis to forgo the traditional Eid festivity in view of the hundreds of fatalities caused by the coronavirus and the lives lost in Friday's plane crash in Karachi.

Ninety-seven people, including nine children, were killed and two passengers miraculously survived a fiery crash when a Pakistan International Airlines plane with 99 travellers on board plunged into a densely populated residential area near the Jinnah International Airport.

Most of the victims were travelling home to celebrate Eid.

In Bangladesh, millions of Muslims joined the strictly-regulated prayer congregations across the country.

Thousands of worshippers attended the prayer services at the Baitul Mukarram National Mosque in Dhaka while following the health and social distancing protocols to limit the spread of the coronavirus, bdnews24.com reported.

Despite the government directive for children and senior citizens not to participate in Eid prayers, many children and people aged over 60 attended the Eid prayers. Although social distancing rules were maintained to a large extent, people were seen flouting the norms, the report said.

As per the government order, no Eid congregation will be held in an open space, but people can perform the Eid prayers in mosques. However, everyone coming to the mosques for prayer must wear a mask, follow social distancing and other hygiene rules, said Islamic Foundation Secretary Kazi Nurul Islam.

On Sunday, Bangladesh reported 28 new fatalities, the highest single-day increase, bringing the death toll to 480.

The number of coronavirus cases in the country rose to 33,610 after 1,532 people tested positive on Sunday.

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News Network
February 19,2020

London, Feb 19: UK Home Secretary Priti Patel today announced the launch of the Britain's new points-based visa system, aimed at attracting the "brightest and the best" from the world, including from India, and cutting down numbers of cheap, low-skilled workers coming to the country.

The new system will come into force from January 1, 2021 at the end of the transition period after the UK's exit from the European Union (EU) last month, which will formally end free movement of people within the economic bloc for the UK as a non-member.

The new post-Brexit system, which will apply equally to the EU and non-EU countries like India, is based on assigning points for specific skills, qualifications, salaries and professions, with visas only awarded to those who gain enough points.

"Today is a historic moment for the whole country. We're ending free movement, taking back control of our borders and delivering on the people's priorities by introducing a new UK points-based immigration system, which will bring overall migration numbers down," said Ms Patel, the senior-most Indian-origin Cabinet minister.

"We will attract the brightest and the best from around the globe, boosting the economy and our communities, and unleash this country's full potential," Ms Patel, in charge of the UK's visa and immigration system, said.

The UK Home Office said the new system is a direct response to the 2016 referendum in favour of Brexit, which was seen as a vote to end the country's reliance on cheap migrant labour and reduce overall levels of migration with tighter security.

"The new single global system will treat the EU and non-EU citizens equally. It will give top priority to those with the highest skills and the greatest talents, including scientists, engineers and academics," the Home Office said.

The Global Talent Scheme, a fast-track visa to be in operation from Friday, will also apply to the EU citizens from next year to allow highly-skilled scientists and researchers to come to the UK without a job offer.

Professor Alice Gast, President of Imperial College London, said: "British science is global. The new post-study work and Global Talent visas will help us to attract the world's brightest students and researchers, wherever they come from."

"From the race to develop a coronavirus vaccine to clean energy, British science's international collaborations drive innovation and excellence."

The government said the points threshold for the new system will be carefully set to attract the talent the UK needs. Skilled workers will need to meet a number of relevant criteria, including specific skills and the ability to speak English, to be able to work in the UK. All applicants will be required to have a job offer and, in line with the Migration Advisory Committee''s (MAC) recommendations, the minimum salary threshold will be set at 25,600 pounds - lower than the previous 30,000 pounds level for Tier 2 work visas.

The new points-based system will also expand the skills threshold for skilled workers.

Those looking to live and work in the UK will need to be qualified up to A-level or equivalent, rather than degree-level under the current system. This will provide greater flexibility and ensure UK business has access to a wide pool of skilled workers, the Home Office said.

In line with the British Prime Minister Boris Johnson's manifesto commitment in the December 2019 General Election, there will be no specific route for low-skilled workers.

"It is estimated 70 per cent of the existing EU workforce would not meet the requirements of the skilled worker route, which will help to bring overall numbers down in future," the Home Office said.

Student visa routes will also be points-based and be opened up to EU citizens from next year.

Those wishing to study in the UK will need to demonstrate that they have an offer from an approved educational institution, that they can support themselves financially and that they speak English.

To address the specific labour concerns of the agricultural sector reliant on seasonal workers from the EU, the Seasonal Workers Pilot will be expanded in time for the 2020 harvest from 2,500 to 10,000 places.

EU citizens and other non-visa nationals will not require a visa to enter the UK when visiting the UK for up to six months.

However, the use of national identity cards will be phased out for travel to the UK and the Home Office highlighted that as part of its post-Brexit offer, those EU citizens resident in the UK by December 31 2020 can still apply to settle in the UK through the EU Settlement Scheme until June 2021.

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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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