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
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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August 8,2020

Kozhikode, Aug 8: A tailwind or crosswind could be the reason for the Air India Express flight mishap at Kozhikode international airport in Kerala, according to some aviation experts. 

Team of DGCA and AIE already reached the spot. With the death of the captain and co-pilot in the mishap, the investigation would be focusing mainly on the voice recorders and other technical aspects.

It is learnt that the ill-fated aircraft, IX 1344 with 190 onboard including crew, was initially planning to land on runway-28 of the airport. But later the pilot opted runway-10 which is toward the other direction. Pilots would be taking the decisions on the basis of inputs from ATC.

The questions now doing the rounds are what made the pilot opt runway-10 and whether the tabletop runway lacked adequate safety parameters.

An aviation expert, who didn't want to be quoted, said that Capt Deepak Sathe, who was commandeering the aircraft, was a well-experienced pilot and was also familiar with the terrains. Hence the chances of any error from his part was very unlikely. Hence a fair in-depth probe was required to find the exact cause.

Though the Kozhikode airport has an Instrument Landing System, it was of category-I for which pilot's visibility is very crucial toward a touchdown. Since it is a tabletop airport and rough weather prevailing in the region, the chances of tailwind was also high, said sources.

There had been safety concerns about the airport over quite some time. In 2011 aviation safety consultant captain Mohan Ranganathan reportedly gave a report citing the safety issues, especially the buffer zones at the end of the runway.

However, an AAI officer said that rectification steps were already done by last year by widening the Runway End Safety Area (RESA) from 90 metre to 240 metre. However, the length of the runway had to be reduced to 2,700 metre from 2,850. The AAI was also constantly pressing for increasing the runway length to 3,150 metres. But that was getting delayed due to land acquisition issues pending with the state government.

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News Network
July 21,2020

New Delhi, Jul 21: Prime Minister Narendra Modi and President Ram Nath Kovind on Tuesday condoled the demise of Madhya Pradesh Governor Lalji Tandon.

Tandon, 85, passed away at 5:35 am on Tuesday after a prolonged illness.

Taking to Twitter, Prime Minister Modi posted a picture with Madhya Pradesh Governor and wrote, "Shri Lalji Tandon will be remembered for his untiring efforts to serve society. He played a key role in strengthening the BJP in Uttar Pradesh. He made a mark as an effective administrator, always giving importance of public welfare. Anguished by his passing away."
"Shri Lalji Tandon was well-versed with constitutional matters. He enjoyed a long and close association with beloved Atal Ji. In this hour of grief, my condolences to the family and well-wishers of Shri Tandon. Om Shanti," he added.

President Kovind expressed condolences saying that we have lost a legendary leader today.

"In the passing away of Madhya Pradesh Governor Shri Lal Ji Tandon, we have lost a legendary leader who combined cultural sophistication of Lucknow and acumen of a national stalwart. I deeply mourn his death. My heartfelt condolences to his family and friends," he tweeted.

His last rites will be performed at Gulala Ghat in Lucknow at 4:30 pm today.

Tandon was admitted to a hospital after complaining of breathing problems, difficulty in urination and fever. He has been undergoing treatment since June 11. 

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