There is a new US visa policy rule, issued on July 13, implying that visa applicants will not get a second chance for submitting additional documentary evidence. This will affect in supporting their eligibility, in case their application is rejected on the first occasion. This development will affect the dreams of many H-1B visa aspirants'. Presently, the US administration has given exclusive power to officials for rejecting the visa application in case the necessary initial evidence is not submitted. The same is true in case the proof fails to establish eligibility for the applied visa.
These rules will be applied from September 11. Previously, officials could not out rightly reject an application without providing a chance to the applicant to give more evidence for authenticating his/her eligibility.
In some cases, an H-1B holder can face the risk of deportation, if his/her plea for a extending visa, or changing of status, fails to get acceptance, and the original term of stay, under due authority of the administration, and reflecting in Form 1-94, expires. As per a report, the recent policy permits the U.S.C.I.S. for issuing a 'notice to appear' in cases where on denying the application/petition, the applicant is present unlawfully in the country.
The reality here is that the applicant despite not holding any job needs to stay back in the US until he/she faces a hearing of an Immigration Judge. The purpose of this Notice to Appear is to put an individual in the deportation proceedings. Once a person gets the N.T.A., he/she has to remain in the country and appear before an Immigration Judge. In case of failure the person may face a five-year ban on re-entering the USA.
The U.S.C.I.S. points out that the revision has the aim of curbing non serious filings. On the contrary, experts believe that this new policy grants subjective powers to officials. Moreover, this will make the immigration process more burdensome for applicants.
A point to note here is that earlier, Indian IT companies received these visas in a big way. Furthermore after the tightening of H-1B rules, IT companies have reduced applying for the H-1B visa. This measure has also increased the operating costs of Indian IT companies. The reason behind this is that onsite hiring has increased. Additionally companies like Infosys and T.C.S. have seen a reduced operating margin in April-June quarter because of high employee cost.