Washington: In a new direction, the Trump Administration has made it more difficult for the Indian IT professionals to renewal non-immigrant visas like H-1B and L1, and said that the burden of proof is on the applicant, However, when the extension is required, Canceling its more than 13 years old policy, the US Citizenship and Immigration Service (USCIS) said that the burden of proof in establishing eligibility on the petitioner at all the time. The USCIS said that the last memorandum of April 23, 2004 appeared to be on this federal agency to give this burden.
That the memorandum explains that the burden of evidence remains on the petitioner, even where the non-immigrant status is expanded,” the USCIS said in its latest memorandum issued on October 23. Under the previous policy, if a person was found to be eligible for work visas at one time initially, they would normally be considered for the extension of their visa. Now during each extension, they need to prove to the federal authorities that they are still eligible for a visa, which they apply.
The William Stock, president of the American Immigration Laws Association, said that this change is already being done retroactively for the people living in the country, not just new visa applicants.
USCIS said, “In all the cases in decision-making petitions for immigration benefits, including non-immigrant petition extensions, the adjudicators should fully review the petition and support evidence to determine eligibility for the benefit”. There is a burden of proof in establishing eligibility, at all times, on petitioner, said USCIS.
That, the new policy, according to the Trump Administration’s goal of protecting American workers from discrimination and the substitution by the foreign workers, is the number USA website has said that this new policy will make sure that only eligible H -1B workers will be allowed to stay in the US and it will help in dealing with visa fraud and the misuse.
