Temporary respite for H-1B visa holders – New US Deportation Policy
There has been a recent relief for Indian expat community in the United States of America. The new US deportation policy does not cover H-1B visa holders for the time being. The deportation norms are coming into force from October 1. The leeway also applies to L-1 visa holders on intra-company transfers.
The new US deportation policy under the US Citizenship and Immigration Services (USCIS) enables officials to start deportation procedures against individuals whose applications for visa extension or change in status have been denied. Deportation action shall also be implemented against those who are not in a period of authorized stay during the period of the denial.
A USCIS statement said, “The policy will not be implemented with respect to employment-based petitions and humanitarian applications and petitions, at this time.” The USCIS is taking an incremental approach to implementing its updated Notice to Appear (NTA) policy. This was announced on June 28th. Serving of an NTA is the first stage in deportation proceedings.
On Wednesday, the USCIS announced that the NTA policy will apply, initially, to applications made for a change of status to the green card while the applicant is in the US and also visa extension requests. It barred employment visa extensions. Thus, the new US deportation policy will cover international tourists and students who wish to extend their stay or change their visa status.
Immigration advocates feel that the new announcement aims to implement the NTA policy in a more reasonable manner. Adequate warnings to leave the country, which were missing in the June 28 policy memorandum, have also been given.
There are still some grey areas remaining in the classification of each visa. But it is clear from the announcement that the new US deportation policy, though strict, is not unjust. It is being represented in a severe form and adheres to moral and legal obligations.
