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
July 20,2020

Islamabad, Jul 20: Six advisors of Pakistan Prime Minister Imran Khan posses dual citizenships and several of top 20 aides have admitted of owning movable and immovable assets worth millions of dollars abroad.

The list was published on the official website of Pakistan government's cabinet division.
All the dual nationals were working as special assistants to the prime minister (SAPM). 

These people include SAPM on Overseas Pakistanis Syed Zulfiqar Abbas Bukhari (UK), SAPM on Power Division Shahzad Qasim (US), SAPM on Petroleum Nadeem Babar (US), SAPM on Political Affairs Shahbaz Gill (US), SAPM on Parliamentary Coordination Nadeem Afzal Gondal (Canada) and SAPM on Digital Pakistan Tania Aidrus (Canadian citizenship by birth).

According to Gulf News report, the wealthiest SAPM is Power Division and Mineral Resources Assistant Shahzad Syed Qasim who has assets worth over Rs 4 billion followed by SAPM on Petroleum Nadeem Babar with assets worth Rs 2.75 billion. Meanwhile, Adviser for Overseas Pakistanis Syed Zulfiqar Abbas Bukhari's net assets is estimated over Rs 2 billion.

Giving further details of the wealthiest SAPM, the official website stated that the PM's aide on Power Division and Coordination of Marketing and Development of Mineral Resources owns assets in Pakistan, UAE and US. His three properties in UAE include two villas in Jumeirah Golf Estates and Sienna Lakes, Jumeirah Golf Estates and an apartment at Park Towers, DIFC - all worth Dh20,688,000. He has three cars in the UAE worth Dh400,000 and in the US, he has property worth US$865,000 while he has Rs 4 billion in various local and foreign bank accounts and retirement funds including $2.1 million in US.

Meanwhile, Nadeem Babbar, who is Special Assistant on Petroleum Division, owns assets worth over Rs 2.7 billion, including several properties in Pakistan and abroad and stakes in more than 30 local and foreign companies.

The Gulf News further reported that in the list Dr Moeed Yusuf's, Special Assistant to the Prime Minister on National Security Division and Strategic Policy Planning, the name was also included but was later withdrawn as it was clarified that he had the US residency and only holds the citizenship of Pakistan as per the affidavit submitted to the government. "I have not returned to the US since I took up my current responsibility, have no employment or income in the US nor do I have any millions worth properties abroad" Dr Yusuf was quoted as saying.

The latest list on PM Imran Khan's advisors possessing dual nationalities has sparked strong criticisms by the Opposition leaders.

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Agencies
July 15,2020

Washington, Jul 15: The Trump administration has agreed to rescind its July 6 rule, which temporarily barred international students from staying in the United States unless they attend at least one in-person course, a federal district court judge said on Tuesday.

The U-turn by the Trump administration comes following a nationwide outrage against its July 6 order and a series of lawsuits filed by a large number of educational institutions, led by the prestigious Harvard University and Massachusetts Institute of Technology (MIT), seeking a permanent injunctive relief to bar the Department of Homeland Security (DHS) and the US Immigration and Customs Enforcement (ICE) from enforcing the federal guidelines barring international students attending colleges and universities offering only online courses from staying in the country.

As many as 17 US states and the District of Columbia, along with top American IT companies such as Google, Facebook and Microsoft, joined MIT and Harvard in the US District Court in Massachusetts against the DHS and the ICE in seeking an injunction to stop the entire rule from going into effect.

"I have been informed by the parties that they have come to a resolution. They will return to the status quo," Judge Allison Burroughs, the federal district judge in Boston, said in a surprise statement at the top of the hearing on the lawsuit.

The announcement comes as a big relief to international students, including those from India. In the 2018-2019 academic year, there were over 10 lakh international students in the US. According to a recent report of the Student and Exchange Visitor Program (SEVP), 1,94,556 Indian students were enrolled in various academic institutions in the US in January.

Judge Burroughs said the policy would apply nationwide.

"Both the policy directive and the frequently asked questions would not be enforced anyplace," she said, referring to the agreement between the US government and MIT and Harvard.

Congressman Brad Scneider said this is a great win for international students, colleges and common sense.

"The Administration needs to give us a plan to tackle our public health crisis - it can't be recklessly creating rules one day and rescinding them the next," he said in a tweet.

Last week, more than 136 Congressmen and 30 senators wrote to the Trump administration to rescind its order on international students.

"This is a major victory for the students, organisers and institutions of higher education in the #MA7 and all across the country that stood up and fought back against this racist and xenophobic rule," said Congresswoman Ayanna Pressley.

"Taking online classes shouldn't force international students out of our country," Congressman Mikie Sherrill said in a tweet.

In its July 6 notice, the ICE had said all student visa holders, whose university curricula were only offered online, "must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status".

"If not, they may face immigration consequences, including but not limited to the initiation of removal proceedings," it had said.

In their lawsuit, the 17 states and the District of Columbia said for many international students, remote learning in the countries and communities they come from would impede their studies or be simply impossible.

The lawsuit alleged that the new rule imposes a significant economic harm by precluding thousands of international students from coming to and residing in the US and finding employment in fields such as science, technology, biotechnology, healthcare, business and finance, and education, and contributing to the overall economy.

In a separate filing, companies like Google, Facebook and Microsoft, along with the US Chamber of Commerce and other IT advocacy groups, asserted that the July 6 ICE directive will disrupt their recruiting plans, making it impossible to bring on board international students that businesses, including the amici, had planned to hire, and disturb the recruiting process on which the firms have relied on to identify and train their future employees.

The July 6 directive will make it impossible for a large number of international students to participate in the CPT and OPT programmes. The US will "nonsensically be sending...these graduates away to work for our global competitors and compete against us...instead of capitalising on the investment in their education here in the US", they said.

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News Network
July 1,2020

As Peru begins to ease its strict coronavirus lockdown, the country's biggest LGBTQ nightclub opened its doors on Tuesday, but there will be no nighttime revellers; its dance floor will instead be filled with shelves stocked with groceries.

Instead of slinging cocktails at the bar or dancing on stage, ValeTodo Downtown's famed staff of drag queens will sell customers daily household products as the space reopens as a market while nightclubs are ordered to remain closed.

The Peruvian government will lift the lockdown in most regions of the country at the beginning of July but will keep borders closed, as well as nightclubs and bars.

The lockdown has been a struggle for the club's 120 employees like drag queen Belaluh McQueen. Her life completely changed when the government announced the quarantine. Her nights were spent at home, rather than performing as a dancer at the club in vivid-coloured costumes.

"I was very depressed because I have been doing this art for years, but you have to adapt to new challenges for the future," said McQueen, who is identified by her stage name.

Now McQueen is back to work as a grocery store employee, wearing a sequined suit, high heels and a mask. A DJ will play club music as patrons shop. "We have a new job opportunity," McQueen added.

Renamed as Downtown Market, the club, which has been a mainstay hallmark of the local LGBTQ community, ushered in its reopening with an inauguration ceremony.

"Before, I used to come here to dance and have a good time, but now we come to buy," said Alexandra Herrera, a regular attendee of the club. "The thing is to reinvent yourself."

The club's general manager, Claudia Achuy, said that the pandemic impacted the heart of Lima nightlife, but she chose to reopen as a market rather than risk cutting staff. "If we had just stayed as a nightclub we did not have a close horizon or a way of working," Achuy said.

Peru's confirmed coronavirus cases rose to 282,364 with 9,504 associated deaths on Monday, according to government data. It has the second-highest outbreak in Latin America after Brazil, according to a Reuters tally.

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