US likely to stop spouses of H-1B visa holders from working

Agencies
December 17, 2017

Washington, Dec 17 : The Trump administration is considering revoking an Obama-era rule that extends work authorisation to the spouses of H-1B visa holders, a move that could affect thousands of Indian workers and their families.

Since 2015, the spouses of H-1B, or high-skilled, visa holders waiting for green cards have been eligible to work in the US on H-4 dependent visas, under a rule introduced by the previous Obama administration.

In 2016, more than 41,000 of H-4 visa holders were issued work authorisation. This year till June more than 36,000 H-4 visa holders were issued work authorisation.

The H-1B programme attracts foreign specialised workers to come to the United States for employment, many of them from India and China.

"DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorisation," said the Department of Homeland Security (DHS) in a latest regulation.

According to the notice, the changes is being made in light of President Trump's 'Buy American and Hire American' order issued earlier this year.

According to CNN, while changing the rule wouldn't prevent spouses of H-1B holders from pursuing other avenues for work authorisation, it could deter a number of high- skilled immigrants from staying in the US if their spouses can't easily find work.

The Wall Street Journal said such a proposal dismayed supporters of the programme.

"This announcement places into jeopardy thousands of hardworking, contributing individuals who have started their own businessesand often have US citizen childrenwho will needlessly be forced to revert to a status of inactivity," Leon Fresco, an immigration attorney who worked for the Obama administration, told the daily.

As well as dropping the rule allowing spouses to work, the Department of Homeland Security statement mentioned plans for other changes to the H-1B visa program.

They include revising the definition of what occupations are eligible for the program "to increase focus on truly obtaining the best and brightest foreign nationals", CNN said.

That would be a standard potentially far above what is currently understood under the law.

The Obama-era rule allowing spouses to work already faces a legal challenge. A group called Save Jobs USA filed a lawsuit in April 2015 arguing that it threatens American jobs.

The Trump administration's plans to overhaul the H-1B program has caused particular alarm in India, which accounts for 70 per cent of all H-1B workers.

The H-1B is a common visa route for highly skilled foreigners to find work at companies in the U.S. It's valid for three years, and can be renewed for another three years.

It's a program that's particularly popular in the tech community, with many engineers vying for one of the programme's 85,000 visas each year.  

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News Network
February 18,2020

Beijing, Feb 18: Police in China have arrested a prominent activist who had been a fugitive for weeks and criticised President Xi Jinping's handling of the coronavirus epidemic while in hiding, a rights group said Tuesday.

Anti-corruption activist Xu Zhiyong was arrested on Saturday after being on the run since December, according to Amnesty International.

China's ruling Communist Party has severely curtailed civil liberties since Xi took power in 2012, rounding up rights lawyers, labour activists and even Marxist students.

The death this month of a whistleblowing doctor who was reprimanded by police for raising the alarm about the deadly new virus before dying of it himself triggered rare calls for political reform and freedom of speech.

The "Chinese government's battle against the coronavirus has in no way diverted it from its ongoing general campaign to crush all dissenting voices," said Patrick Poon, China researcher at Amnesty International, in an emailed statement.

Another source, who spoke to news agency on the condition of anonymity, said Xu had been arrested in the southern city of Guangzhou.

Guangzhou police did not respond to requests for comment.

Xu went into hiding after authorities broke up a December gathering of intellectuals discussing political reform in the eastern coastal city of Xiamen in Fujian province, prior to the coronavirus crisis.

Over a dozen lawyers and activists were detained or disappeared after the Xiamen gathering, according to rights groups -- and Xu's detention appears linked to his presence at the meeting, explained Poon.

But while on the run, Xu continued to post information on Twitter about rights issues.

On February 4 Xu released an article calling on Xi to step down and criticised his leadership across a range of issues including the US-China trade war, Hong Kong's pro-democracy protests and the coronavirus epidemic, which has now killed nearly 1,900 people.

"Medical supplies are tight, hospitals are filled with patients, and a large number of infected people have no way to be diagnosed," he wrote. "It's a mess."

"The coronavirus outbreak shows just how important values like freedom of expression and transparency are -- the exact values that Xu has long advocated," Yaqiu Wang, China researcher at Human Rights Watch, told news agency.

But the disappearance of Xu illustrates how the Chinese state "persists in its old ways" by "silencing its critics", she said.

Xu -- who founded a movement calling for greater transparency among high-ranking officials -- previously served a four-year prison sentence from 2013 to 2017 for organising an "illegal gathering".

"That he was a fugitive for so many days while continuing to speak out, that in itself was... a kind of challenge to (Chinese authorities)," said Hua Ze, a long-time friend of Xu who told AFP she lost contact with the Chinese activist on Saturday morning.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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Agencies
February 14,2020

Lucknow, Feb 14: Uttar Pradesh doctor Kafeel Khan was on Friday booked under the National Security Act (NSA) over his alleged anti-CAA speech at Aligarh Muslim University on December 12, 2019.

The Uttar Pradesh slapped NSA on Kafeel Khan on Friday even as the doctor waited to be released from jail despite being granted bail on Monday in connection with his alleged inflammatory speech.

SP Crime Dr Arvind said that there were sufficient grounds to book the doctor under NSA.

The suspended pediatrician, Kafeel Khan, was arrested for allegedly delivering a controversial speech during Anti-CAA protests on December 12 at the Aligarh Muslim University or AMU. While he was granted bail on Monday, his family members claimed on Thursday that he was yet to be released.

Dr Kafeel Khan's brother Adeel Ahmed Khan had issued a statement saying that despite being granted bail Mathura jail authorities had not honoured the court's order.

Dr Kafeel Khan was arrested by the UP Special Task Force from Mumbai on January 29 for participating anti-CAA protest at AMU. A case was registered against him at the Civil Lines police station here for promoting enmity between different religions.

After his arrest in Mumbai, Dr Khan was brought to Aligarh, from where he was shifted to the district jail in neighbouring Mathura.

According to police, this was done as a precautionary measure in view of the anti-CAA protests on the AMU campus and at the Eidgah grounds in the old city. Police had said that the Dr Khan's presence in the Aligarh jail could have aggravated the law and order situation in the city.

The doctor was earlier arrested for his alleged role in the death of over 60 children in one week at the BRD Medical College in Gorakhpur in August 2017. Short supply of oxygen at the children's ward was blamed at that time for the deaths.

About two years later, a state government probe cleared Khan of all major charges, prompting him to seek an apology from the Yogi Adityanath government.

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