Tighter H-1B visa verification process recommended

Agencies
October 26, 2017

Washington, Oct 26: The federal US agency that approves applications for the most sought-after H-1B visas needs to improve upon its current site visit verification program so as to prevent fraud in the visa system, according to a report by the Department of Homeland Security.

US Citizenship and Immigration Services(USCIS), which conducts site visits to companies that hire foreign workers on H-1B visas as part of its objective to detect fraud, "could do more to prevent approving petitions for recurring violations and collaborate more with external stakeholders," said the Office of Inspector General in its latest report released this week.

"The agency lacks performance measures to show how site visits contribute to improving the H-1B Program," the Inspector General said.

Without addressing the challenges, USCIS site visits do not fully safeguard the H-1B Program, and the agency misses opportunities to ensure funds are put to better use through more robust site visits, the inspector general report said.

According to the report, USCIS can approve more than 3,30,000 H-1B petitions each year and, as of April 2017, reported more than 6,80,000 approved and valid H-1B petitions.

"USCIS conducts a limited number of visits and does not always ensure the officers are thorough and comprehensive in their approach," the report said adding that further limiting the site visits' effectiveness, USCIS does not always take proper action when immigration officers identify potential fraud or noncompliance.

It also uses targeted site visits to respond to indicators of fraud; however, the agency does not completely track the costs and analyze the results of these visits, the report said.

As such the inspector general in its report recommends that USCIS Deputy Director, develop a process to collect and analyze complete and accurate data for all H-1B site visit activity.

It also asks USCIS to identify data and assessments obtained through site visit programs post-adjudication and implement measures to systematically share this information with external stakeholders as appropriate.

USCIS has also been recommended to develop comprehensive policies across Directorates to ensure adjudicative action is prioritised on fraudulent or noncompliant immigration benefits identified by the H-1B ASVVP (Administrative Site Visit and Verification Program) and targeted site visits.

Among other things, USCIS has also been asked to enhance the random samplingprocedures to also include a more risk-based approach that prioritises the recurring violators within the universe of H-1B holders and a random stratified selection of small.

USCIS has accepted all recommendations.

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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.

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News Network
April 6,2020

New Delhi, April 6: The United States has donated $2.9 million assistance package for India to help the Narendra Modi government brace itself against the coronavirus as countries across the world are coming together to combat the outbreak.

On March 28, the US government, via US Agency for International Development, announced $2.9 million to support India in its response to COVID-19.

"It builds on a foundation of over $1.4 billion in health assistance and nearly $3 billion in total assistance that the US provided to India over the last 20 years," the US Embassy in India said in a statement.

"These new funds will support two organisations, including $2.4 million for USAID's health strengthening project, implemented by Jhpiego, an international non-profit health organisation affiliated with Johns Hopkins University and $500,000 for the World Health Organization (WHO)," the statement said.

The funds will also help India combat the spread of COVID-19, provide care for the affected and support local communities with the tools needed to contain the disease, it added.

Moreover, being a global leader in health and humanitarian response to COVID-19, the US has provided approximately $18.3 million assistance package to ASEAN member countries to fight the contagion.

The funds will be used to prepare laboratories for large-scale testing for the lethal virus, infection prevention and control, enable risk communication, implement public-health emergency plans for border points of entry, activate case-finding and event-based surveillance for influenza-like illnesses, train and equip rapid-responders in investigation and contact-tracing and update training materials for health workers.

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News Network
January 19,2020

President Donald Trump gave a new justification for killing Qassim Suleimani, telling a gathering of Republican donors that the top Iranian general was "saying bad things about our country" before the strike, which led to his decision to authorise his killing. "How much are we going to listen to?" Trump said on Friday, according to remarks from a fundraiser obtained by CNN.

With his typical dramatic flourish, Trump recounted the scene as he monitored the strikes from the White House Situation Room when Suleimani was killed. The president spoke in a ballroom at his Mar-a-Lago club in Palm Beach, Florida, at a Republican event that raised $10 million for Trump's 2020 campaign.

The January 3 killing of Suleimani prompted Iran to retaliate with missile strikes against US forces in Iraq days later and almost triggered a broad war between the two countries. "They're together sir," Trump said military officials told him. "Sir, they have two minutes and 11 seconds. No emotion. Two minutes and 11 seconds to live, sir. They're in the car, they're in an armoured vehicle. Sir, they have approximately one minute to live, sir. Thirty seconds. Ten, 9, 8 ...'"

"Then all of a sudden, boom," he said. "They're gone, sir. Cutting off, I said, where is this guy?" Trump continued. "That was the last I heard from him". It was the most detailed account that Trump has given of the drone strike, which has drawn criticism from some US lawmakers because neither the president nor his advisers have provided public information to back up their statements that Suleimani presented an "imminent" threat to US.

Trump's comments came a day after he warned Iran's supreme leader Ayatollah Ali Khamenei to be "very careful with his words". According to Trump, Khamenei's speech on Friday, in which he attacked the "vicious" US and described UK, France and Germany as "America's lackeys", was a mistake.

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