US Announces "Efficient" New Rule for Filing H-1B Visas

Agencies
January 31, 2019

Washington, Jan 31: As part of its effort to give greater chance to foreign workers who have received higher education from the US, the Trump administration on Wednesday formally announced a new rule related to the filing of H-1B visas, asserting that it is more efficient, effective and helps in attracting best talent in the US.

The final rule reverses the order by which US Citizenship and Immigration Services (USCIS) selects H-1B petitions under the regular cap and the advanced degree exemption.

Among other things, it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions.

To be published in the Federal Register on Thursday, the new rule will go into effect on April 1, though the electronic registration requirement will be suspended for the fiscal year (FY) 2020 cap season, USCIS said.

"These simple and smart changes are a positive benefit for employers, the foreign workers they seek to employ, and the agency's adjudicators, helping the H-1B visa programme work better," said USCIS Director Francis Cissna.

Early this month, President Donald Trump said that he wants to bring in changes in the H-1B visa systems so that holders of these visas can stay in the country and accelerate their path to citizenship.

The H-1B visa, popular among Indian IT professionals, is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.

The new registration system, once implemented, will lower overall costs for employers and increase government efficiency, he said.

Cissna said USCIS is also furthering Donald Trump's goal of improving the immigration system by making a simple adjustment to the H-1B cap selection process.

"As a result, US employers seeking to employ foreign workers with a US master''s or higher degree will have a greater chance of selection in the H-1B lottery in years of excess demand for new H-1B visas," Cissna said

Effective from April 1, USCIS will first select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption.

Thereafter USCIS will select from the remaining eligible petitions, a number projected to reach the advanced degree exemption.

Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master''s or higher degree from a US institution of higher education to be selected under the H-1B numerical allocations, a media statement said.

Specifically, the change will result in an estimated increase of up to 16 percent (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a master''s degree or higher from a US institution of higher education.

USCIS will begin accepting H-1B cap petitions for fiscal 2020 on April 1, 2019. The reverse selection order will apply to petitions filed for the FY 2020 H-1B cap season.

Based on the feedback, USCIS said it has decided to suspend the electronic registration requirement for the fiscal 2020 cap season to complete user testing and ensure the system and process are fully functional.

Once implemented, the electronic registration requirement will require petitioners seeking to file H-1B cap petitions, including those that may be eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period.

Only those whose registrations are selected will be eligible to file an H-1B cap-subject petition. USCIS expects that the electronic registration requirement, once implemented, will reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS and petitioners, according to an official statement.

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News Network
June 12,2020

An Indian national was killed and four others injured in alleged firing by Nepal police personnel along the India-Nepal border in Bihar's Sitamarhi district today.

Sources said the firing took place after a clash between the Indians and personnel of Nepal police at the Lalbandi-Janki Nagar border in Pipra Parsain panchayat under Sonebarsha police station of the district.

Jitendra Kumar, the additional director general of police (headquarters), confirmed the death and injuries. The place of firing falls under Nepal jurisdiction.

Locals said Vikesh Kumar Rai, 25, died on the spot and Umesh Ram and Uday Thakur received bullet injuries when they were working in an agricultural field. Another person, Lagan Rai, is said to have been detained by the Nepali police.

Injured persons were rushed to Sitamarhi Sadar Hospital for better treatment.

Vikesh Kumar Rai’s father, Nageshwar Rai, said that his agriculture land falls under Narayanpur in Nepal where his son was working.

On May 17, Nepal police had fired blank rounds to disperse dozens of Indians trying to cross the border. It was not clear if they were also farmers.

The district magistrate and the superintendent of police of Sitamarhi have rushed to the spot.

Nepal shares a 1,850-kilometre (1,150-mile) open border with India and people travel across it for work and to visit family. It had closed its international borders on March 22 amid the coronavirus pandemic.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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News Network
April 12,2020

Apr 12: India and other South Asian countries are likely to record their worst growth performance in four decades this year due to the coronavirus outbreak, the World Bank said on Sunday.

The South Asian region, comprising eight countries, is likely to show economic growth of 1.8 per cent to 2.8 per cent this year, the World Bank said in its South Asia Economic Focus report, well down from the 6.3 per cent it projected six months ago.

India's economy, the region's biggest, is expected to grow 1.5 per cent to 2.8 per cent in the fiscal year that started on April 1. The World Bank has estimated it will grow 4.8 per cent to 5 per cent in the fiscal year that ended on March 31.

"The green shoots of a rebound that were observable at the end of 2019 have been overtaken by the negative impacts of the global crisis," the World Bank report said.

Other than India, the World Bank forecast that Sri Lanka, Nepal, Bhutan and Bangladesh will also see sharp falls in economic growth.

Three other countries - Pakistan, Afghanistan and the Maldives - are expected to fall into recession, the World Bank said in the report, which was based on country-level data available as of April 7.

Measures taken to counter the coronavirus have disrupted supply chains across South Asia, which has recorded more than 13,000 cases so far - still lower than many parts of the world.

India's lockdown of 1.3 billion people has also left millions out of work, disrupted big and small businesses and forced an exodus of migrant workers from the cities to their homes in villages.

In the event of prolonged and broad national lockdowns, the report warned of a worst-case scenario in which the entire region would experience an economic contraction this year.

To minimize short-term economic pain, the Bank called for countries in the region to announce more fiscal and monetary steps to support unemployed migrant workers, as well as debt relief for businesses and individuals.

India has so far unveiled a $23 billion economic plan to offer direct cash transfers to millions of poor people hit by its lockdown. In neighbouring Pakistan, the government has announced a $6 billion plan to support the economy.

"The priority for all South Asian governments is to contain the virus spread and protect their people, especially the poorest who face considerable worse health and economic outcomes," said senior World Bank official Hartwig Schafer.

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