Browsed by
Tag: USCIS

USCIS Forms Law
USCIS Forms Law to Stop Replacing NRIs with Americans on Job

USCIS Forms Law to Stop Replacing NRIs with Americans on Job

Comments 0 Comment

Main Points:

  • USCIS is likely to stop swapping of American with H1B visa holding NRIs.
  • H1B visa norms became tougher after September 11, 2017.
  • Only qualified people would get visa.
  • Indians faced maximum number of visa denials during last year.
  • 14, 204 out of 10.7 lakh NRIs overstay their visas.

The heart of the director of the United States Citizenship and Immigration Services (USCIS), L Francis Cissna, beats for his countrymen. He would like to constitute a directive that could prevent H1B visa holding NRIs from replacing Americans on the job.

What he said, “I would really love it if Congress would pass a provision prohibiting American workers being replaced by H-1B workers. I could draft it myself, probably right now, you know?”

He strongly iterated similarly to the US President Donald Trumps’ by saying “Buy American, Hire American”. His remark ripped the Indian diaspora at the “Immigration Newsmaker” event in the Washington DC 15 August. The Center for Immigration Studies (CIS) held that event where this anti-immigrant stance surfaced the headlines. The CIS website has even published it on its official website.  

H1B visa holders overstaying in the US

The year 2017 witnessed 3.65 lakh visa applications. India’s skilled workforce covered 75.6% out of that total visa applications. By the end of that fiscal year, nearly 21,000 Indians needed renewal. But, they overstayed, even though their visa was expired.

This practice has been trending for years. That’s why India ranks 10 among the countries whose natives temporarily come to the US legally but, they continue to live there illegally.

US enforced stringent H1B visa rules:

This unlawful practice has compelled the in-power diplomats to take necessary steps for terminating this unethical practice.  That’s why the Trump administration has enforced some stringent immigration rules. Consequently, the skilled workforce has to go through the hot water to get that work visa.

Now, the USCIS officials have a right to accept and reject visa applications. They follow an explicit way of verifying overwhelming visa requests. They prove whether or not the supplied proofs of wages and their description are authentic. If it is so and also, matches the requisite job vacancy in the USA, the immigration officer signs the permission by sanctioning that visa.

Report of the American Immigration Lawyers Association:

The American immigration lawyers association filed a lawsuit. It had to knock at the door of the court amid swelling requests of the H1B visa. Now, the USCIS has made an official announcement that the visa seekers should have to meet the mandatory condition of producing a Request for Evidence (RFE). This evidence would probe into the wages and the suitability of the job profile of a particular visa applicant.

Spiking demand of RFEs and their rejections:

The number of RFEs is skyrocketing. To report about it, the American Immigration Lawyers Association has filed a petition in the court. It wanted to know the reason of why the demand of the RFEs is at the height; and also, most of those applications are meeting rejections.

A report of the National Foundation for American Policy throws light on these points:

  • Why did the third to the fourth quarter of fiscal 2017 register astounding 41% rejections of the h1B visa?
  • Why did Indian applicant receive maximum denials?

If you look at its statistical figure, the USCIS received 72.4% RFEs requests in the fourth quarter of the fiscal 2017. It’s noteworthy that the same kind of visa requests was 61.2% during same tenure. And if one considers the comparative analysis of the denial percentage of those visa applications, it’s 23.6% from India whereas just 19.6% from other countries.

Adjustment of Status
Eligibility Criteria for Adjustment of Status Via Employment

Eligibility Criteria for Adjustment of Status Via Employment

Comments 0 Comment

Have you applied for the adjustment of status six months prior to your visa expiry?

If you haven’t, you would get an NTA (Notice to Appear).

The threat of appearing before an immigration judge is a big concern for the immigrants from India, especially.  It also initializes an uncertain deportation by the USCIS (United States Citizenship and Immigration Services).  Simply put, you may be asked to leave the country all of sudden. Also, some penalties could also be imposed.

What is Adjustment of Status?

You need a lawful permanent resident status if you want to live in the USA. The Adjustment of Status can be called a green card application. You could apply to attain the citizenship of America after completion of a certain stay-period.

What eligibilities should you have to file for claiming the Adjustment of Status?

Determining your eligibility for the green card is a first step to initialize the Adjustment of Status. There are a variety of ways to file for this status adjustment. You should choose the way according to your immigrant profile. In other words, you should know the category you’re classified under.

The categories of this visa are grouped under family visa, employment visa, special immigrant visa, refugee or Asylee status, human trafficking and crime victim visa, victims of abuses visa, and others.

Massive number Indian immigrants go there on the H1 or H4 or L1 or L2 employment visa. It allows them to complete six year limit while serving the United States.  Once this limit of visa expires, the immigrant has to check his eligibility for acquiring the green card.

Catch a look of the eligibility criteria for the Adjustment of Status:

  1. For Immigrant Worker: You should be a first preference immigrant worker. It implies that you should:
  • Have an extraordinary ability in the science, arts, education, business or athletics
  • Be a professor or researcher of outstanding abilities
  • Be a multinational manager or executive under certain criteria

You should be a second preference immigrant worker. Under this category, you:

  • Should be a member of profession having advanced degrees
  • Should have advanced skills and abilities in the science, art, or business
  • Should be seeking a national interest waiver

Besides, you should be a third preference immigrant worker. It means that you should be:

  • A skilled worker with more than 2 years of training and work experience
  • A professional with a bachelor degree from the US university or any foreign university
  • An unskilled worker with less than 2 years of training and work experience
  1. For Physician National Interest waiver: This category identifies & permits the visa to the physicians who are a full-stack expert in clinical practices. You should be appointed in an underserved area for a specific period of time. You should possess all abilities that are particularly asked for the same.
  2. For Immigrant Investor: This category is reserved for the big fat investors. If you have invested or are actively involved in the process of investing a huge capital worth $1 million at least in a new commercial unit in the US, you would be eligible for it. You should remember that your investment should create 10 openings of the full-time employees.

Millions of immigrant employees defer the application for this adjustment of status. But now, the USCIS has introduced some stringent rules in this context. In order to promote lawful residency, it has decided to launch a legal trial before a special judge. And, the worst thing is that you can’t leave the country unless the judge passes the verdict or permits for leaving. The situation would be critical because you won’t have the work, neither would have the right to leave.  Besides, it would burn a big hole in your pocket.

whatsapp this is link