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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News Network
May 20,2020

Kensington (United States), May 20: The world cut its daily carbon dioxide emissions by 17% at the peak of the pandemic shutdown last month, a new study found.

But with life and heat-trapping gas levels inching back toward normal, the brief pollution break will likely be “a drop in the ocean" when it comes to climate change, scientists said.

In their study of carbon dioxide emissions during the coronavirus pandemic, an international team of scientists calculated that pollution levels are heading back up — and for the year will end up between 4% and 7% lower than 2019 levels.

That's still the biggest annual drop in carbon emissions since World War II.

It'll be 7% if the strictest lockdown rules remain all year long across much of the globe, 4% if they are lifted soon.

For a week in April, the United States cut its carbon dioxide levels by about one-third.

China, the world's biggest emitter of heat-trapping gases, sliced its carbon pollution by nearly a quarter in February, according to a study Tuesday in the journal Nature Climate Change. India and Europe cut emissions by 26% and 27% respectively.

The biggest global drop was from April 4 through 9 when the world was spewing 18.7 million tons (17 million metric tons) of carbon pollution a day less than it was doing on New Year's Day.

Such low global emission levels haven't been recorded since 2006. But if the world returns to its slowly increasing pollution levels next year, the temporary reduction amounts to ''a drop in the ocean," said study lead author Corinne LeQuere, a climate scientist at the University of East Anglia.

“It's like you have a bath filled with water and you're turning off the tap for 10 seconds," she said.

By April 30, the world carbon pollution levels had grown by 3.3 million tons (3 million metric tons) a day from its low point earlier in the month. Carbon dioxide stays in the air for about a century.

Outside experts praised the study as the most comprehensive yet, saying it shows how much effort is needed to prevent dangerous levels of further global warming.

“That underscores a simple truth: Individual behavior alone ... won't get us there,” Pennsylvania State University climate scientist Michael Mann, who wasn't part of the study, said in an email.

“We need fundamental structural change.”

If the world could keep up annual emission cuts like this without a pandemic for a couple decades, there's a decent chance Earth can avoid warming another 1.8 degrees (1 degree Celsius) of warming from now, study authors said. But getting the type of yearly cuts to reach that international goal is unlikely, they said.

If next year returns to 2019 pollution levels, it means the world has only bought about a year's delay in hitting the extra 1.8 degrees (1 degree Celsius) of warming that leaders are trying to avoid, LeQuere said. That level could still occur anywhere from 2050 to 2070, the authors said.

The study was carried out by Global Carbon Project, a consortium of international scientists that produces the authoritative annual estimate of carbon dioxide emissions. They looked at 450 databases showing daily energy use and introduced a measurement scale for pandemic-related societal “confinement” in its estimates.

Nearly half the emission reductions came from less transportation pollution, mostly involving cars and trucks, the authors said. By contrast, the study found that drastic reductions in air travel only accounted for 10% of the overall pollution drop.

In the US, the biggest pollution declines were seen in California and Washington with plunges of more than 40%.

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News Network
June 26,2020

Washington, Jun 26: The US is reviewing its global deployment of forces to ensure it is postured appropriately to counter the People's Liberation Army, given the increasing threat posed by China to Asian countries like India, Malaysia, Indonesia, and the Philippines, Secretary of State Mike Pompeo said on Thursday.

Mr Pompeo made those remarks in response to a question during the virtual Brussels Forum 2020 of the German Marshall Fund.

"We're going to make sure we're postured appropriately to counter the PLA. We think that the challenge of our times, and we're going to make sure we have resources in place to do that," Mr Pompeo said.
 
The force posture review is being done at the direction of President Donald Trump, as part of which the US is reducing the number of its troops in Germany from about 52,000 to 25,000, he said.

Mike Pompeo said that the force posture would be dictated by the ground realities.

"In certain places there will be fewer American resources. There'll be other places - I just talked about the threat from the Chinese Communist Party, so now threats to India, threats to Vietnam, threats to Malaysia, Indonesia, South China Sea challenges, the Philippines," he said.

"To the extent that that changed, the difference in what the US decided to do impacts adversely a threat some place, it may be that other nations need to step up and take responsibility for their own defense in ways that they hadn't done previously. So, we want to do this in full consultation with all of our partners all around the world, and certainly our friends in Europe," Mr Pompeo said.

President Trump is being criticised for reducing troops from Germany. His critics say that this will increase the threat from Russia to Europe.

Mike Pompeo, however, did not agree with that argument.

It has been a long time since there has been a strategic review of our force posture all across the world. The US undertook that starting about 2.5 years ago, whether that was our forces in Africa, our forces in Asia, the force we have in the Middle East and in Europe, he said.

"We began to say these are often decisions that were made in a different time. Should we reallocate those a different way? Should we have a different composition of those forces? Everyone always wants to talk about ground troops. I get it. I was a young tank officer. You described that. There's nothing I like as much as a good M1 tank.

"But it's often the case that the capacity to deter Russia or other adversaries isn''t determined any longer by just having a bunch of folks garrisoned someplace. So, we really went to back fundamentally relook, what is the nature of the conflict, what''s the nature of the threat, and how should we allocate our resources, whether that''s our resources in the intelligence community, our resources from the Air Force or the Marines and Army," Mr Pompeo said.

Last week, Mike Pompeo criticised the Chinese Army for "escalating" the border tension with India and militarising the strategic South China Sea. He also described the ruling Communist Party of China (CPC) as a "rogue actor".

"Our broad set of allocation of security apparatus, our ability to counter cyber threats, how do we allocate them? What''s the best way to do this? And the decision that you see the president made with respect to Germany is an outcome from a collective set of decisions about how we''re going to posture our resources around the world," said the top American diplomat on Thursday.

Changes in force posture is being taken in consultations with allies and friends, Mr Pompeo said.

"President Trump has spoken to this. (Defense) Secretary (Mark) Esper will be in London today and in Brussels tomorrow. We''ll talk about our plan and how we''re thinking about delivering it," he said.

"But you should understand this, and I hope our European partners will understand this as well. When you see what we ultimately conclude, how we ultimately deliver on the statements of the president made, that they''re aimed squarely at what we believe to be democracies'' fundamental interest and certainly America's most fundamental interest," Mr Pompeo said.

Earlier this month, Mike Pompeo had said that China's actions, be it on the India border, or in Hong Kong or in the South China Sea, were part of the behaviour of the ruling Communist Party in Beijing in the recent past.

China has been fast expanding military and economic influence in the Indo-Pacific region, triggering concern in various countries of the region and beyond.

China is engaged in hotly contested territorial disputes in both the South China Sea and the East China Sea. Beijing has built up and militarised many of the islands and reefs it controls in the region. Both areas are stated to be rich in minerals, oil and other natural resources and are vital to global trade.

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News Network
May 2,2020
Seoul, May 2: North Korean leader Kim Jong Un has made his first public appearance since speculation about his health began last month, cutting the ribbon at the opening of a fertilizer factory, KCNA reported Saturday.
 
Kim attended the event on Friday in Sunchon, near the capital Pyongyang, after nearly three weeks of swirling rumours that the leader of the nuclear-armed nation was seriously ill or possibly dead.
 
The North Korean leader had not made a public appearance since presiding over a Workers' Party politburo meeting on April 11, and the following day state media reported that he had inspected fighter jets.
 
At Friday's event, "all the participants broke into thunderous cheers of 'hurrah!'" when Kim appeared, the Korean Central news agency reported.
 
He inspected the facility and was "briefed about the production processes," the report said.
 
Kim "said with deep emotion" that his grandfather Kim Il Sung and father Kim Jong Il "would be greatly pleased if they heard the news that the modern phosphatic fertilizer factory has been built," it added.
 
Also in attendance were other senior officials, including his sister and close adviser, Kim Yo Jong. Photos from the ceremony were not immediately released.
 
Conjecture over Kim's health had grown since his conspicuous no-show at April 15 celebrations for the birthday of his grandfather, the North's founder -- the most important day in the country's political calendar.
 
His absence unleashed a series of unconfirmed reports over his condition, triggering global fears over the North's nuclear arsenal -- and who would succeed Kim were he unable to lead.
 
A top security advisor to South Korea's President Moon Jae-in said less than a week ago that Kim was "alive and well," downplaying rumors that he was ill or incapacitated.
 
The advisor, Moon Chung-in, told CNN that Kim had been staying in Wonsan -- a resort town in the east of North Korea -- since April 13, adding: "No suspicious movements have so far been detected."
 
South Korea Reports Kim Jong Un Is 'Alive and Well' Amid Rumours of His Death
 
South Korea has told CNN that the rumours of North Korean leader Kim Jong Un's death are untrue.
 
Rumours of ill health
 
Daily NK, an online media outlet run mostly by North Korean defectors, reported that Kim was undergoing treatment after a cardiovascular procedure last month.
 
Citing an unidentified source inside the country, it said Kim -- who is in his mid-30s -- had needed urgent treatment due to heavy smoking, obesity and fatigue.
 
Soon afterwards, CNN reported that Washington was "monitoring intelligence" that Kim was in "grave danger" after undergoing surgery, quoting an anonymous US official.
 
US President Donald Trump appeared to confirm that Kim was alive earlier this week.
 
On Friday, Trump refused to comment on Kim's reported re-emergence.
 
Previous absences from the public eye on Kim's part have prompted speculation about his health.
 
The North is extremely secretive, and doubly so about its leadership.
 
Kim's father and predecessor had been dead for two days before anyone outside the innermost circles of North Korean leadership was any the wiser.
 
In 2014, Kim Jong Un dropped out of sight for nearly six weeks before reappearing with a cane.
 
Days later, the South's spy agency said he had undergone surgery to remove a cyst from his ankle.

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