Major Setback to H-1B Holders; Visa Extension to Become More Difficult

The Trump administration is making the renewal process more difficult for H-1B visa holders. A new memorandum published today declares that the burden of proof remains on the petitioner who has applied for the visa renewal.

The United States government has reformed the 13-year old policy of the US Citizenship and Immigration Services (USCIS). The previous memorandum from 2004 placed the burden of proof on the federal agency. Which made is quite easier for the existing visa holders to renew or extend their visas. With the new policy, visa holders will have to prove their eligibility all over again.

This new directive applies to both H-1B and L1 visa holders. Both the type of visas are held by most Indian IT professionals residing in the US. With the new policy, both H-1B and L1 visa holders will have to follow the eligibility process while applying for visa renewal or extension. The US lawmakers believe that the change is for the benefit of people already living the country.

Earlier if a person was once eligible for the work visa, the eligibility for renewal and extension was considered. The new policy published by USCIS clearly states that the burden of proof in ensuring and establishing the eligibility of the retention of the VISA always stays with the petitioner.

USCIS believes that the new regulations will help in protecting the American workers from any kind of discrimination or replacement by the foreign labor. The government believes that they will be able to crackdown the cases of visa frauds and scams with the strict eligibility verification.

Source: techgig.com