Trump admin makes H1-B visa approval tough; Indian firms to be impacted

Agencies
February 23, 2018

Washington Feb 23: The Trump administration has announced a new policy that makes very tough the procedure of issuing H-1B visas to those to be employed at one or more third-party worksites, a move that will hugely impact Indian IT companies and their employees.

Under the new policy, the company would have to go an extra length to prove that its H-1B employee at a third-party worksite has specific and non-qualifying speculative assignments in a speciality occupation.

The H-1B programme offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers.

Indian IT companies, which are among the major beneficiaries of H-1B visas, has a significant number of its employees deployed at third-party worksites. A significant number of American banking, travel and commercial services depend on on-site IT workers from India to get their job done.

The new move announced yesterday through a seven-page policy empowers the US Citizenship and Immigration Services (USCIS) to issue H-1B visas to an employee only for the period for which he/she has worked at a third-party worksite.

As such the issuing of H-1B visas could be of less than three years. This would reverse the tradition of issuing the H-1B visas for three years at a time.

Effective immediately, the new guidance comes weeks ahead of the beginning of the H-1B visas filing season, which is expected to be April 2, for the fiscal year 2019 beginning October 1, 2018.

The guidance says in order for an H-1B petition involving a third-party worksite to be approved, the petitioner must show by a preponderance of the evidence that the beneficiary will be employed in a speciality occupation and the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

When H-1B beneficiaries are placed at third-party worksites, the companies must demonstrate that they have specific and non-speculative qualifying assignments in a speciality occupation for that beneficiary for the entire time requested on the petition.

While an H-1B petition may be approved for up to three years, the USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship, an official statement said.

Extensions of H-1B visas have become even tougher, in particular, if the employee has been on a bench for any part of their previous duration.

Sometimes American companies abruptly end the contract of an employee, as a result, the workers temporarily do not have any work, which in IT parlance is called on the bench.

During this period, while they maintain their H-1B visas status, official investigations have revealed that foreign IT workers on H-1B visas do not get paid, which the USCIS says is illegal and abuse of the system.

"If an H-1B petitioner is applying to extend H-1B employment for a beneficiary who was placed at one or more third-party worksites during the course of past employment with the same petitioner, that petitioner should also establish that the H-1B requirements have been met for the entire prior approval period," the USCIS said.

And if these conditions are not met, and if the petitioner did not comply with the terms and conditions of the original petition and did not file an amended petition on time, USCIS may have eligibility concerns about a subsequent petition filed to extend the beneficiary's employment, the policy memorandum said.

The latest policy memorandum is part of President Donald Trump's 'Buy American and Hire American Executive Order' and the directive to protect the interests of US workers, it said.

Employment-based petitioners who circumvent the worker protections outlined in the nationâs immigration laws not only injure US workers (eg their wages and job opportunities), but also the foreign workers for whom they are petitioning, it said.

Companies seeking H-1B visas for their employees working at a third-party site would now have an intensive paperwork to file before submitting their applications.

This includes evidence of actual work assignments, which may include technical documentation, milestone tables, marketing analysis, cost-benefit analysis, brochures, and funding documents.

The letter should provide information, such as a detailed description of the specialised duties the beneficiary will perform, the qualifications required to perform those duties, the duration of the job, salary or wages paid, hours worked, benefits, a detailed description of who will supervise the beneficiary and the beneficiaryâs duties, and any other related evidence, the USCIS said.

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Agencies
March 8,2020

Washington, Mar 8: An attendee at last week's Conservative Political Action Conference (CPAC), which also saw the participation of US President Donald Trump, has tested positive for COVID-19, the American Conservative Union (ACU) said.

The exposure occurred prior to the conference held in National Harbor, Maryland, just south of Washington D.C., Xinhua news agency quoted the ACU as saying in a statement on Saturday.

A New Jersey hospital tested the person, and the Centers for Disease Control and Prevention (CDC) confirmed the positive result, said the statement.

"The individual is under the care of medical professionals in the state of New Jersey, and has been quarantined," it said.

Trump and Vice President Mike Pence spoke at the gathering, which took place from February 26-29.

Also present at the event were a number of administration and cabinet officials, including Secretary of State Mike Pompeo, Health and Human Services Secretary Alex Azar, and newly-appointed White House Chief of Staff Mark Meadows.

White House Press Secretary Stephanie Grisham said in a statement Saturday that the White House was aware of the development.

"At this time there is no indication that either President Trump or Vice President Pence met with or were in close proximity to the attendee," Grisham said in a statement.

"The President's physician and US Secret Service have been working closely with White House Staff and various agencies to ensure every precaution is taken to keep the First Family and the entire White House Complex safe and healthy."

The news emerged as Washington D.C. and neighbouring state of Virginia respectively confirmed their first cases of COVID-19 on Saturday.

In a press conference on Saturday night, Washington D.C. Mayor Muriel Bowser said a resident in his 50s showed symptoms of a respiratory virus in February. He was admitted to a hospital in the District on March 5.

The patient had no history of recent international travel, nor had he been exposed to anyone who was confirmed to be infected, according to Bowser.

The Mayor said D.C. health authorities were investigating the man's contact with other people before he went to the hospital.

A US Marine assigned to Fort Belvoir in Fairfax County, Virginia, tested positive on Saturday for COVID-19 and is currently being treated at Fort Belvoir Community Hospital, according to a Pentagon spokesman.

"The Marine recently returned from overseas where he was on official business," tweeted Jonathan Rath Hoffman, adding that Secretary of Defence Mark Esper and the White House have been briefed.

As of Saturday night, more than 420 cases of COVID-19 were reported in the US with 17 deaths, according to the Center for Systems Science and Engineering at Johns Hopkins University.

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News Network
January 25,2020

Beijing, Jan 25: The death toll due to the novel coronavirus (2019-nCoV) outbreak in China has soared to 41, while the number of infected persons were 1,287, the National Health Commission said on Saturday.

The Commission said that 444 fresh cases were reported since Friday, with 237 patients in serious conditions, while 38 had been cured and discharged from hospitals, reports Efe news.

Health authorities have carried out check-ups on 15,197 people who have come into close contact with the infected persons. Nearly 14,000 of them continue to be monitored for symptoms.

The others cases outside of China were reported in France (two), Australia (one), Thailand (four including two cured), Japan (two including one cured), South Korea (two), the US (two), Vietnam (two), Singapore (three), Nepal (one), Hong Kong (five), Macao (two) and Taiwan (three).

The symptoms of the new coronavirus, provisionally designated by the World Health Organization as 2019-nCoV, are similar to those of cold but may be accompanied by fever and fatigue, dry cough and dyspnea (shortness of breath).

The WHO has so far to declared the outbreak as an international health emergency.

Strict measures were being carried out in China, which include complete suspension of transport in around a dozen cities in Hubei province and also cancelling Chinese New Year celebrations.

Traditional events at Lama Temple and Ditan Park in Beijing were cancelled due to the risk of spreading the virus, authorities reported Friday, while the famous Forbidden City has also been closed indefinitely.

Wuhan, the capital of Hubei, where the virus was first reported, has been on lockdown since Thursday to prevent further spread of the virus and the city's authorities have begun to build a "special hospital" with 1,000 beds for infected patients.

"Construction of the special hospital with a capacity of 1,000 beds for patients with #nCoV2019 has begun in Wuhan," official China Daily said on Twitter.

The hospital in Wuhan will be based on the model of a similar facility that was built in just seven days in Beijing to deal with SARS in 2003.

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Agencies
February 25,2020

New Delhi, Feb 25: Union Home Minister Amit Shah on Tuesday called a meeting to discuss the prevailing situation in the national capital after violence in Northeast Delhi over the amended citizenship law left four people dead.

Delhi's Lieutenant Governor Anil Baijal, Chief Minister Arvind Kejriwal and representatives of different political parties were invited for the meeting.

Follow live updates of clashes among CAA protesters in Delhi here

The home minister has convened a meeting to discuss the current situation in Delhi, a Home Ministry official said.

The move came after the home minister reviewed the law and order situation in the national capital on Monday night as violence rocked Northeast Delhi.

Frenzied protesters torched houses, shops, vehicles and a petrol pump, besides hurling stones.

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