How new US visa rule, starting next week, will impact H-1B holders

Agencies
September 28, 2018

Washington, Sept 28: From Monday, the US would start implementing a new rule which allows initiation of deportation process of people whose legal status to stay in America has expired for reasons such as denial of visa extension application or change in status, officials said.

However in a relief to H-1B visa holders, a federal agency tasked with this said that for the time being this policy will not be implemented with respect to employment-based petitions and humanitarian applications and petitions.

US Citizenship and Immigration Services (USCIS), tasked with granting visa or its extension to non-immigrants, said Wednesday they will start taking an incremental approach to implement the new rule from October 1.

Under the new rule, they will issue notices to appear (NTA) to people whose applications regarding visa extension or changes in status have been denied.

NTA, in immigration law parlance, is considered the first step towards deportation of foreign nationals who do not have valid papers to legally stay in the US. It is a document that instructs an individual to appear before an immigration judge.

Given that in recent months, applications of extension of H-1B visa holders have been denied, a significant number of whom are Indian nationals, the new rule could have a major impact on Indians living in the US. But for the time being, issue of NTA to those categories have been put on hold.

USCIS said it will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied.

It said it will provide details on how applicants can review information regarding their period of authorised stay, check travel compliance, or validate departure from the US.

The federal agency will continue to prioritise cases of individuals with criminal records, fraud, or national security concerns.

“There has been no change to the current processes for issuing NTAs on these case types, and USCIS will continue to use its discretion in issuing NTAs for these cases,” it said.

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News Network
May 8,2020

May 8: Thousands of migrants have been stranded “all over the world” where they face a heightened risk of COVID-19 infection, the head of the UN migration agency International Organization for Migration (IOM) has said.

IOM Director-General António Vitorino said that more onerous health-related travel restrictions might discriminate disproportionately against migrant workers in future.

“Health is the new wealth,” Vitorino said, citing proposals by some countries to introduce the so-called immunity passports and use mobile phone apps designed to prevent the spread of the new coronavirus.

“In lots of countries in the world, we already have a system of screening checks to identify the health of migrants, above all malaria, tuberculosis… HIV-AIDS, and now I believe that there will be increased demands in health controls for regular migrants,” he said on Thursday.

Travel restrictions to try to limit the spread of the pandemic has left people on the move more vulnerable than ever and unable to work to support themselves, Vitorino told journalists via videoconference.

“There are thousands of stranded migrants all over the world.

 “In South-East Asia, in East Africa, in Latin America, because of the closing of the borders and with the travel restrictions, lots of migrants who were on the move; some of them wanted to return precisely because of the pandemic,” he said.

They are blocked, some in large groups, some in small, in the border areas, in very difficult conditions without access to minimal care, especially health screening, Vitorino said.

“We have been asking the governments to allow the humanitarian workers and the health workers to have access to (them),” he said.

Turning to Venezuelan migrants, who are believed to number around five million amidst a worsening economic crisis in the country, the IOM chief said “thousands… have lost their jobs in countries like Ecuador and Colombia and are returning back to Venezuela in large crowds without any health screening and being quarantined when they go back”.

In a statement, the IOM highlighted the plight of migrants left stranded in the desert in west, central and eastern Africa, either after having been deported without the due process, or abandoned by the smugglers.

The IOM’s immediate priorities for migrants include ensuring that they have access to healthcare and other basic social welfare assistance in their host country.

Among the UN agency’s other immediate concerns is preventing the spread of new coronavirus infection in more than 1,100 camps that it manages across the world.

They include the Cox’s Bazar complex in Bangladesh, home to around one million mainly ethnic Rohingya from Myanmar, the majority having fled persecution.

So far, no cases of infection have been reported there, the IOM chief said, adding that preventative measures have been communicated to the hundreds of thousands of camp residents, while medical capacity has been boosted.

Beyond the immediate health threat of COVID-19 infection, migrants also face growing stigmatization from which they need protection, Vitorino said.

Allowing hate speech and xenophobic narratives to thrive unchallenged also threatens to undermine the public health response to COVID-19, he said, before noting that migrant workers make up a significant percentage of the health sector in many developed countries including the UK, the US and Switzerland.

Populist narratives targeting migrants as carriers of disease could also destabilise national security through social upheaval and countries’ post-COVID economic recovery by removing critical workers in agriculture and service industries, he said.

Remittances have already seen a 30 per cent drop during the pandemic, Vitorino said, citing the World Bank data, meaning that some USD 20 billion has not been sent home to families in countries where up to 15 per cent of their gross domestic product comes from pay packets earned abroad.

Vitorino, in a plea, urged to give the health of migrants as much attention as that of the host populations in all countries.

“It is quite clear that health is the new wealth and that health concerns will be introduced in the mobility systems - not just for migration - but as a whole; where travelling for business or professional reasons, health will be the new gamechanger in town.

“If the current pandemic leads to a two or even three-tier mobility system, then we will have to try to solve the problem – the problem of the pandemic - but at the same time we have created a new problem of deepening the inequalities,” he said.

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Agencies
February 29,2020

Islamabad, Feb 29: A coalition comprising digital media giants Facebook, Google and Twitter (among others) have spoken out against the new regulations approved by the Pakistani government for social media, threatening to suspend services in the country if the rules were not revised, it was reported.

In a letter to Prime Minster Imran Khan earlier this month, the Asia Internet Coalition (AIC) called on his government to revise the new sets of rules and regulations for social media, The News International reported on Friday.

"The rules as currently written would make it extremely difficult for AIC Members to make their services available to Pakistani users and businesses," reads the letter, referring to the Citizens Protection Rules (Against Online Harm).

The new set of regulations makes it compulsory for social media companies to open offices in Islamabad, build data servers to store information and take down content upon identification by authorities.

Failure to comply with the authorities in Pakistan will result in heavy fines and possible termination of services.

It said that the regulations were causing "international companies to re-evaluate their view of the regulatory environment in Pakistan, and their willingness to operate in the country".

Referring to the rules as "vague and arbitrary in nature", the AIC said that it was forcing them to go against established norms of user privacy and freedom of expression.

"We are not against regulation of social media, and we acknowledge that Pakistan already has an extensive legislative framework governing online content. However, these Rules fail to address crucial issues such as internationally recognized rights to individual expression and privacy," The News International quoted the letter as saying.

According to the law, authorities will be able to take action against Pakistanis found guilty of targeting state institutions at home and abroad on social media.

The law will also help the law enforcement authorities obtain access to data of accounts found involved in suspicious activities.

It would be the said authority's prerogative to identify objectionable content to the social media platforms to be taken down.

In case of failure to comply within 15 days, it would have the power to suspend their services or impose a fine worth up to 500 million Pakistani rupees ($3 million).

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News Network
June 11,2020

Beijing, Jun 11: Floods and mudslides in south China have uprooted hundreds of thousands of people and left dozens dead or missing, state media reported Thursday.

The bad weather has wreaked havoc on popular tourist areas that had already been battered by months of travel restrictions during the coronavirus outbreak.

Torrential downpours unleashed floods and mudslides that caused nearly 230,000 people to be relocated and destroyed more than 1,300 houses, official state news agency Xinhua reported, citing the Ministry of Emergency Management.

In southern Guangxi Zhuang Autonomous Region, six people were reported dead and one missing, Xinhua said.

Streets were waterlogged in popular tourist destination Yangshuo, forcing residents and visitors to evacuate on bamboo rafts.

The local government said more than 1,000 hotels had been flooded and more than 30 tourist sites damaged.

One owner of a family-run hotel told Xinhua that the guest rooms were submerged in one metre (three feet) of rainwater.

The extreme weather has dealt a hefty blow to the region's tourism sector, which is still reeling from the COVID-19 epidemic.

The emergency management ministry said there were direct economic losses of over 4 billion yuan (more than $550 million) from the flooding, Xinhua reported.

In Hunan Province, at least 13 people were killed in rain-triggered disasters, and another eight people are missing or killed in southwestern Guizhou province, according to the local emergency response departments, Xinhua said.

The heavy downpours began at the beginning of June and have led to "dangerously high water levels" in 110 rivers, Xinhua reported.

Further rainstorms are expected in the next few days across the south.

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