Starting Monday, US is set to implement a new rule which will allow the deportation of people residing in America with expired visas.
According to the new rule, the US Citizenship and Immigration Services (USCIS) will be issuing 'notices to appear' (NTA) to people whose applications for visa extension or status change has been declined.
However, USCIS said that for time being the policy will not be implemented with respect to employment-based petitions and humanitarian applications and petitions. The agency will start taking an incremental approach to implementation.
The Federal agency has prioritised cases of individuals with criminal records, fraud, or national security concerns for sending NTAs. The process for NTAs will remain the same.
Since Donald Trump took the seat, visa rules have become more stringent in an effort to flush out foreigners from America. In a report by PTI, over 21,000 Indians have overstayed their permissible limits in 2017. The Department of Homeland Security (DHS) in its latest annual report determined that 701,900 foreigners who entered the country through an air or sea Port of Entry overstayed their visas between October 2016 and September 2017.
What is H-1B Visa?
The H-1B Visa is an American visa under the Immigration and Nationality Act that allows the US to employ foreigners in various occupations. The visa allows an individual to reside for a duration of three years extendable to six years. The Immigration Act of 1990 limits the number of visas to 65,000 per Fiscal Year.
The Trump administration issued a new rule in 2017 that made the procedure of issuing H1-B visas to those to be employed at one or more third-party worksites very tough. Under the policy, the company would have to go the extra length to prove that its H1-B employee at a third-party worksite has specific and non-qualifying speculative assignments in a speciality occupation.
The new move announced empowers the US Citizenship and Immigration Services (USCIS) to issue H-1B visas to an employee only for the period for which he/she has worked at a third-party worksite.
The new policy risks the three-year term given in H-1B Visas.
In the same year, President Donald Trump's decision to repeal the Deferred Action for Childhood Arrival (DACA) put in risk thousands who had entered America illegally in childhood.