September 27th, 2018
Deportation is threatening all US workers that live and work in the country under an H-1B visa in case their legal stay in the US has expired.
The Trump administration and the US Department of Homeland Security came out with a proposal to force workers with H-1B visa waiting for their Green Cards to leave earlier this year. The move was taken to strengthen the America First Policy.
However, this will apply to people whose status of residence in the US has expired due to denial of visa extension application. This means that employment-based petitions and humanitarian applications and petitions will not be affected by this rule.
Notices To Appear (NTA) will be the first step after applying this rule by the US Citizenship and Immigration Services (USCIS) to those who were denied visa extension or change in status. This is considered to be the first step towards the deportation of foreign nationals. This document will act as an invitation for the foreigner in the US to appear in front of an immigration judge. People that have a criminal record, fraud or national security concerns will be the first to receive an NTA.
Additionally, the current H-1B visa holders will be provided with details on how they can get the information regarding their period of authorized stay. Also, they can check travel compliance and validate departure from the US.
Such a move was brought up after a couple of days the US administration told a federal court about the decision on the revocation of work authorization for H-4 visa holders.
H-1B visa holders can bring their immediate family members by obtaining an H-4 visa, which includes the spouse and children under 21 years of age. On the other hand, the H-1B visa program allows skilled workers to come to the US in order to work for a certain company. As per now. Those residing in the US under an H-1B visa can apply for a visa extension of 3 years.