A new policy by Trump administration has made things worse for the H-1B visa holders by putting them at a risk of deportation. If the application for extension or change of status of H-1B holders is rejected and their tenure of stay has expired then they could be deported, according to the new US Citizenship and Immigration Services (USCIS) policy.
Though dated June 28, the policy was made public last week. The memorandum empowers USCIS to issue a “Notice to Appear” (NTA) order for a person whose visa petition for transfer or extension has been denied. Once the application is denied, the H-1B visa holders are deemed to present “unlawfully in the US.”
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And the worst part is that the person would have to stay in the United States for many months, that too without a job, for court hearing by an immigration judge.
Earlier, if the H-1B extension was denied, the visa holders could have left the US on their own and come back to India. Now they could face a ten-year bar on re-entry to the US, if they leave without waiting for the hearing, according to a report published in The Times of India. Though he can move the court for voluntary departure.
Now merely losing your petition for visa extension can place a person on the same fast-track as a criminal, even if he or she were never arrested or charged before.
Meanwhile, the Trump administration failed to meet its deadline for the second time this year to issue a notification on its decision to terminate the work authorisation of H-4 visa holders, mostly Indians who are spouses of professionals having H-1B visas.
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