Trump admin makes it more difficult for H-1B visa extension

Agencies
October 25, 2017

Washington, Oct 25: In a new directive, the Trump administration has made it more difficult for the renewal of non-immigrant visas such as H-1B and L1, popular among Indian IT professionals, saying that the burden of proof lies on the applicant even when an extension is sought.

Rescinding its more than 13-year-old policy, the US Citizenship and Immigration Services (USCIS) said that the burden of proof in establishing eligibility is, at all times, on the petitioner. USCIS said the previous memorandum of April 23, 2004 appeared to place this burden on this federal agency.

"This memorandum makes it clear that the burden of proof remains on the petitioner, even where an extension of non- immigrant status is sought," USCIS said in its latest memorandum issued on October 23.

Under the previous policy, if a person was once found to be eligible for a work visa initially, they would usually be considered for extension of their visa.

Now during every extension, they need to prove to the federal authorities that they are still eligible for the visa they apply for.

William Stock, president of the American Immigration Lawyers Association, said that the change is being made retroactively to people already living in the country and not just to new visa applicants.

"In adjudicating petitions for immigration benefits, including non-immigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought. "The burden of proof in establishing eligibility is, at all times, on the petitioner," the USCIS said.

The new policy is in line with the Trump administration's goal to protect American workers from discrimination and replacement by foreign labour, NumberUSA website said.

This new policy will make sure that only qualified H-1B workers will be allowed to stay in the US and will help crackdown on visa fraud and abuse, it added.

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News Network
June 19,2020

London, Jun 19: Malala Yousafzai, the youngest Nobel Peace Prize winner who once took a bullet for campaigning for girls' education in Pakistan, was over the moon on Friday after completing her degree in Philosophy, Politics and Economics at Britain's prestigious Oxford University.

Malala, 22, who attended Oxford's Lady Margaret Hall college, took to Twitter to share two pictures that show her celebrating the milestone with her family.

"Hard to express my joy and gratitude right now as I completed my Philosophy, Politics and Economics degree at Oxford," she said in the tweet, accompanied by two pictures - one showing her sitting with her family in front of a cake that says: 'Happy Graduation Malala', and the other in which she is covered with cake smiling for the camera.

In the tweet, the famed human rights activist also revealed her plans for the immediate future - Netflix, reading and sleeping.

"I don't know what's ahead. For now, it will be Netflix, reading and sleep," she wrote.

Malala was shot in the head by the Taliban militants in December 2012 for campaigning for female education in the Swat Valley in northeastern Pakistan.

Severely wounded, she was airlifted from one military hospital in Pakistan to another and later flown to the UK for treatment.

After the attack, the Taliban released a statement saying that they would target Malala again if she survived.

At the age of 17, Malala became the youngest recipient of the Nobel Peace Prize for her education advocacy in 2014 when she shared the coveted honour with India's social activist Kailash Satyarthi.

Unable to return to Pakistan after her recovery, she moved to Britain, setting up the Malala Fund and supporting local education advocacy groups with a focus on Pakistan, Nigeria, Jordan, Syria and Kenya.

The Taliban, who are against girls' education, have destroyed many schools in Pakistan.

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News Network
April 11,2020

Washington, Apr 11: China is considered a developing country, make the United States too a developing one, US President Donald Trump said on Friday, alleging that Beijing has taken advantage of his country.

"China has been unbelievably taken advantage of us and other countries. You know, for instance, they are considered a developing nation. I said well then make us a developing nation too,” Trump told reporters at his daily White House news conference on coronavirus.

The president was responding to a question on China.

“They get big advantages because they are a developing nation. India, a developing nation. The United States is a big developed nation. Well, we have plenty of development to do,” he said.

Reiterating that United States was taken advantage of by the World Trade Organization, Trump said the Chinese economy started booming after it joined WTO with the help of the US.

“If you look at the history of China, it was only since they went into the WTO that they became a rocket ship with their economy. They were flatlined for years and years,” he said.

“Frankly, for many, many decades. And it was only when they came into the WTO that they became a rocket ship because they took advantage of all -- I'm not even blaming them. I'm saying how stupid were the people that stood here and allowed it to happen,” he said.

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The Trump Administration will now allow that to happen, he said.

“If they don't treat us fairly, will leave. But now we're starting to win cases,” he said.

Alleging that China has taken advantage of the United States for 30 years, he said, China has taken advantage of the US through WTO and using rules that are unfair to the United States.

"They should have never been allowed it, this should have never been allowed to happen", he added.

“When China joined and was allowed to join under those circumstances the WTO, that was a very bad day for the United States because they have rules and regulations that were far different and far easier than our rules and regulations,” he said.

“Plus. They took advantage of them down to the last. China took advantage of them like few people would even think to take advantage of them and again they are considered right a developing nation,” he added.

The United States, he rued, is not considered a developing nation.

“The were given advantages (for being a developing nation). For many years China has ripped off the United States. Then I came along and right now, as you know, China is paying 25 percent," said Trump, adding that the US is now gaining "billions and billions and billions of dollars in tariffs from China”.

The US is not paying, he asserted.

“Not every country is China but China would devalue their currency and they would also pour out money and they essentially were paying most of those tariffs not us,” he said.

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News Network
February 19,2020

Washington, Feb 19: Sri Srinivasan, a prominent Indian-American judge, has created history by becoming the first person of South Asian descent to lead a powerful federal circuit court considered next only to the US Supreme Court.

Srinivasan, 52, became the Chief Judge of the United States Court of Appeals for the DC Circuit.

An Obama appointee who has already been considered for a Supreme Court seat twice, donned the mantle of the chief judge of the DC federal court circuit on February 12.

Srinivasan succeeded Judge Merrick Garland, who has been a member of the DC Circuit since 1997 and Chief Judge since 2013. He will remain on the bench, a press release said.

Notably, Garland's nomination to the Supreme Court by the then president Barack Obama was blocked by Senate Republicans in 2016.

Srinivasan, was appointed to the US Court of Appeals for the District of Columbia Circuit in May 2013.

He was the first ever Indian-American to be appointed to the second most powerful court of the US.

Neomi Rao, nominated by President Donald Trump, is the second Indian American on this powerful judiciary bench.

History being made on the DC Court of Appeals. Congratulations, Judge Srinivasan! Senator Mark Warner said.

Congratulations to Judge Sri Srinivasan on becoming the Chief Judge of the U.S. Court of Appeals for the D.C. Circuit! A milestone for the Indian-American/Kansan community (and yet another piece of evidence my family can use that I'm underachieving), US Federal Communications Commission Chair Ajit Pai said.

According to The Washington Post, Srinivasan spoke recently about his path to the bench at an event celebrating women in the law, a field where men still dominate leadership positions.

"Everybody doubts their belonging and worthiness in some measure. I definitely did and still do. This is just going to be a part of the thing when you're looking out in the world in which everyone isn't like you. It's natural to doubt whether you belong and whether you're worthy, he said, "but you do belong and you are worthy.

Born in Chandigarh, and raised in Lawrence, Kansas, he received a B.A. from Stanford University, a J.D. from Stanford Law School, and an M.B.A. from the Stanford Graduate School of Business.

Following graduation, he served as a law clerk to Judge J. Harvie Wilkinson III of the US Court of Appeals for the Fourth Circuit, as a Bristow Fellow in the Office of the US Solicitor General, and as a law clerk to US Supreme Court Justice Sandra Day O'Connor.

From 2011 until his appointment to the US Court of Appeals, Judge Srinivasan served as the Principal Deputy Solicitor General of the United States.

He has argued 25 cases before the US Supreme Court. He has also taught appellate advocacy at Harvard Law School as well as a seminar on civil rights statutes and the Supreme Court at Georgetown University Law Center.

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