Trump Proposes ‘No Extension to H-1B Visa’; Now What?
The new proposal, which is confirmed unofficially, is in line with President Trump's vision of "Buy American, Hire American".
For thousands of Indians who are working in the US under H-1B visa, 2018 has started on a bad note. President Trump has proposed a new regulation, which if implemented and passed, can force hundreds of thousands of Indians to deport back.
This new proposal, whose existence has been confirmed unofficially, is in line with “Buy American, Hire American” vision of President Trump.
What will be the future of Indians and other immigrants in India?
What Exactly Is The Proposal?
The proposal has been introduced by President Trump and circulated as a memo within Department of Homeland Security (DHS), the Govt. body which looks after immigration and citizenship-related issues.
As per the proposal, DHS won’t extend H-1B visa for those applicants, whose application for Green Card has been accepted.
Now, on the surface, it seems a normal proposal, which can affect only a handful of Indians who are working under H-1B visa.
But, if we understand how the process works, then we will realize that this new proposal can actually force thousands of Indian families to quit America.
An official from Immigration Voice, an advocacy body in San Jose, US said:
“If implemented this could lead to large-scale deportations, mostly of Indians, throwing hundreds and thousands of families into crisis.”
Why This Proposal Matters?
If an employee is provided H-1B visa, the validity exists for 3 years. Hence, for 3 years, an employee from India or any other country can work in the US.
Now, once this 3-year validity is expired, the extension can be approved for three times; after which extensions are provided. If no extension is approved, then the visa holder needs to return back to his/her native country.
Now, immigrants typically apply for a Green Card during their H1-B visa tenure – If their Green card is approved, then they can stay indefinitely. If their application is accepted, but not approved, they apply for H-1B visa extension, which can run into years considering the backlog which US Immigration Dept. faces.
But now, if the new proposal by President Trump is accepted, then as soon as the Green Card application is accepted, the H-1B visa holder will need to leave the country as no extension shall be provided.
Despite investing $18 billion in the US in 2016 and creating 1.1 lakh jobs, Indian community is under tremendous pressure, ever since Donald Trump became the US President last year.
Not only he has signed the controversial ‘Buy American, Hire American’ order, which will no doubt negatively affect the IT industry, he has banned spouses of H-1B visa holders to work and made visa rules even more strict and hard.
We will keep you updated as we receive more information.
Related:
Please we need clarity here; what is meant by green card application “accepted not approved” ? If the person is having i-140 approved (stage 2 of the gc process) and waiting for current date to file i-485 (which may take another 9 years), this case also is treated as gc application accepted only? And this person will have to leave USA as soon as his current H1B visa expires?
If your answer is “YES”, then I can’t imagine the devastation this is going to bring first for the US tech industry and then for the expatriate workers!