H1B Visa Extension Was Made More Difficult by Trump Administration

US President Donald Trump speaks before signing an executive order directing federal agencies to recommend changes to a temporary visa program used to bring foreign workers to the United States

The new mandate is in a state of harmony with the Donald Trump organization's objective to shield American specialists from discrimination and substitution by remote work. U.S. receives about 85,000 applications for H-1B visa along with the L-1 every year, and is especially popular with Indian IT professionals. However, as per the revised memorandum, they need to prove their eligibility to the federal authorities during every extension.

Under the previous policy, if a person was once found to be eligible for a work visa initially, they would usually be considered for extension of their visa.

Specifically, the memorandum overrides the provisions envisaged under the title "The Significance of a Prior Approval of Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity" - and published on April 23, 2004- and the L-1B program, dated August 17, 2015, were created to facilitate and expedite the renewal of work permits for foreign citizens with a history of providing services to national companies.

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President Donald Trump in April signed an order that asked the government to propose new rules and changes that would stop what he called abuses in the visa program used by US technology companies. The H1-B and L1 work visas are majorly used by Indian IT professionals.

"This updated guidance provides clear direction to help advance policies that protect the interests of US workers", L. Francis Cissna, the new USCIS Director who was sworn in this month, was quoted as saying by CNN Tech.

Under updated policy guidance (PDF, 97 KB), U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. It will ensure that only qualified H-1B workers are allowed to stay in the United States so as to prevent fraud and misuse of the H-1B program. A report in Times of India mentions that Swaraj, talking about their discussion, said, "This is most evident in our mutually beneficial digital partnership, driven by our skilled professionals. The burden of proof to establish that eligibility will, in any case, be the responsibility of the applicant".

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Betsy Lawrence, the director of government relations for the American Immigration Lawyers Association, told CNN Tech that the previous guidance made it efficient to review cases.

Not only H-1B and L-1, Trump administration has also tightened the processes for TN visa, which is for Canadian and Mexican citizens as well as the O-1 visa, issued to those with "extraordinary abilities".

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