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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Agencies
March 1,2020

Washington, Mar 1: Beginning April 1, Indians wishing to immigrate to America will now have to pay an additional $50,000 for the EB-5 or the US investor visa, a media report said.

Although, this additional tax would impact all visa categories, it will predominantly create a barrier for people investing in the EB-5 visa programme, the American Bazaar daily said in the report on Friday.

In 2019, the EB-5 investor visa programme, for the first time since the 1990's, increased the minimum investment amount to $900,000.

With this increase in minimum investment, the new 5 per cent additional tax would mean that applicants would have to pay the extra $50,000, when they move money to an escrow account in the US to fulfil their application criterion.

"The changes to the tax on remittances is a reminder to Indians to carefully plan their tax position before making the move to the US," the American Bazaar quoted Mark Davies, Global Chairman, Davies & Associates LLC, as saying.

"People seeking to emigrate who do not wish to pay this tax at source and rather account for it later may wish to move their money ahead of the new rules coming into effect.

"It is possible to pre-emptively move money into an escrow account in the US until such a time as they are ready to proceed with emigration process," he added.

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News Network
June 9,2020

Washington, Jun 9: The defacement of Mahatma Gandhi's statue by unknown miscreants was a "disgrace", US President Donald Trump has said, days after it was vandalised with graffiti and spray painting during the nationwide protests against the custodial killing of African-American George Floyd.

The statue, which is across the road from the Indian Embassy, was vandalised on the intervening night of June 2 and 3, prompting the Indian embassy to register a complaint with the local law enforcement agencies.

The incident happened during the week of nationwide protests against the custodial killing of Floyd in Minneapolis on May 25.

"It was a disgrace," Trump made the brief comment at the White House on Monday when asked about the incident.

The Indian Embassy here has taken up the matter with the US Department of State for early investigation into the matter, as also with the Metropolitan Police and National Park Service.

It is working with the US Department of State, Metropolitan Police and National Park Service for expeditious restoration of the statue at the park.

The US president and First Lady Melania Trump, during their visit to India in February, had spent considerable time at the Gandhi Ashram in Ahmedabad. Prime Minister Narendra Modi had personally given them a tour of the historic place.

"The First Lady and I have just had a pleasure of visiting Mahatma Gandhi's Ashram, a few miles from here, where he launched the famous Salt March," Trump had said during his address at the Namaste Trump rally at the Motera Stadium in Ahmedabad on February 24. A day later, Trump and the first lady also laid a wreath at Raj Ghat in New Delhi.

Pictures of Trump and the first lady with Gandhi's spinning wheel during their visit to the Sabarmati Ashram in Ahmedabad are seen hanging on the walls of the White House.

Last week, top US lawmakers and the Trump Campaign condemned the vandalisation of the statue.

"Very disappointing," tweeted Kimberly Guilfoyle, advisor to Donald J Trump for President Inc. and National Chair of the Trump Victory Finance Committees.

North Carolina Senator Tom Tillis said, "It's disgraceful to see the defacing of the Gandhi statue" in Washington DC.

"Gandhi was a pioneer of peaceful protesting, demonstrating the great change it can bring. Rioting, looting and vandalising do not bring us together, he said.

Senator Marco Rubio said, "more evidence that violent radicals and run of the mill crazies have hijacked legitimate protests to create anarchy or for their own purposes."

Protests against the custodial killing of Floyd turned violent in the US and prestigious monuments were damaged. In Washington DC, protestors burnt a historic church and damaged monuments like the Lincoln Memorial.

US Ambassador to India Ken Juster apologised for the incident.

"So sorry to see the desecration of the Gandhi statue in Wash, DC. Please accept our sincere apologies," he said.

"Appalled as well by the horrific death of George Floyd and the awful violence and vandalism. We stand against prejudice & discrimination of any type. We will recover and be better," he said in a tweet last week.

One of the few statues of a foreign leader on a federal land in Washington DC, the statue of Gandhi was dedicated by former prime minister Atal Bihari Vajpayee in the presence of the then US president Bill Clinton on September 16, 2000, during his state visit to the US.

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News Network
July 26,2020

Seoul, Jul 26: North Korean authorities have imposed a lockdown on the border city of Kaesong after discovering what they called the country's first suspected case of the novel coronavirus, state media reported Sunday.

Leader Kim Jong Un convened an emergency politburo meeting on Saturday to implement a "maximum emergency system and issue a top-class alert" to contain the virus, official news agency KCNA said.

If confirmed, it would be the first officially recognised COVID-19 case in the North where medical infrastructure is seen as woefully inadequate for dealing with any epidemic.

KCNA said a defector who had left for the South three years ago returned on July 19 after "illegally crossing" the heavily fortified border dividing the countries.

But there have been no reports in the South of anyone leaving through what is one of the world's most secure borders, replete with minefields and guard posts.

Pyongyang has previously insisted not a single case of the coronavirus had been seen in the North despite the illness having swept the globe, and the country's borders remain closed.

The patient was found in Kaesong City, which borders the South, and "was put under strict quarantine", as would anybody who had come in close contact, state media said.

It was a "dangerous situation... that may lead to a deadly and destructive disaster", the media outlet added.

Kim was quoted as saying "the vicious virus could be said to have entered the country", and officials on Friday took the "preemptive measure of totally blocking Kaesong City".

The nuclear-armed North closed its borders in late January as the virus spread in neighbouring China and imposed tough restrictions that put thousands of its people into isolation, but analysts say the North is unlikely to have avoided the contagion.

South Korea is currently recording around 40 to 60 cases a day.

Earlier this month Kim warned against any "hasty" relaxation of anti-coronavirus measures, indicating the country will keep its borders closed for the foreseeable future.

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