Trump administration considers proposal that may send back >500000 Indians

[abb]

Saw this headline in TOI...

https://timesofindia.indiatimes.com/business/india-business/trump-admin-considers-proposal-that-may-send-back-more-than-500000-indian-tech-workers/articleshow/62341416.cms

Is it possible to send so many people back ?

Andy

[desi4ever]

Saw this headline in TOI...

https://timesofindia.indiatimes.com/business/india-business/trump-admin-considers-proposal-that-may-send-back-more-than-500000-indian-tech-workers/articleshow/62341416.cms

Is it possible to send so many people back ?

Andy

Yes. The question is not whether or not it's possible, but whether or not it will be implemented.

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[bigdreamer]

If this happens, I hope the NRIs with outdated skills find any other country than India to settle in to satisfy their greed and fake status

[techynt]

This was Bannon's agenda since most american people are on board with this. It hurts mostly IT companies and other big corporations. It will be interesting to see if their lobbying will prevent this.

But from what I know, Trump administration has not done anything against business so far. This will be the most anti business and pro american worker stand, lets see if they will do it. I wont bet on this, business always finds a way, all that is needed to persuade is few billion dollars worth of business to Trump businesses like China did.

[crickit]

If such a proposal is implemented, I suspect it would be only for new H-1B applicants, and those already in the system would be grandfathered in.

[desi4ever]

If this happens, I hope the NRIs with outdated skills find any other country than India to settle in to satisfy their greed and fake status

Correct. The resident Indians are without greed and they have real skills.But hey NRIs were also residents of India at some point.So by your logic Indians became greedy and lost their skills after becoming NRIs. Sad.

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[bigdreamer]

Correct. The resident Indians are without greed and they have real skills.But hey NRIs were also residents of India at some point.So by your logic Indians became greedy and lost their skills after becoming NRIs. Sad.

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Hey, you are free to interpret and derive any meaning from my post.



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[wd40]

I think it is a loop hole that people are making use of. People who complete 6 years on H1-B should be asked to move back, unless they can prove that they are still valuable to the country. I didn't know America's visa system is so dumb to allow this kind of loop hole.

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[DrJ]

Saw this headline in TOI...

https://timesofindia.indiatimes.com/business/india-business/trump-admin-considers-proposal-that-may-send-back-more-than-500000-indian-tech-workers/articleshow/62341416.cms

Is it possible to send so many people back ?

Andy

I don't think the administration will implement this right away (please see the detailed explanation below). Even if they are hell bent in doing this, it will take time. And not all folks will be sent back right away. The aim of this administration appears to make the life of the visa-holding NRI difficult - so much difficult that they will self-deport themselves. That said, I fully believe in the abilities of a visa-holding NRI living in the USA to relocate wherever there are opportunities and thrive. A bird sitting on a tree branch is never afraid of the branch breaking off; for the bird's trust is not on the strength of the branch but on the ability of her wings.


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In the year 2000, the US Congress passed The American Competitiveness in the 21st Century Act (AC-21) and signed into law by President Clinton. There are two parts of AC-21 that relate to H1B extensions beyond the six-year limit.

Section 104(c) provided protection under the per country ceiling by stating that any alien that is the beneficiary of an employment-based petition (I-140) and is eligible for the green card but for application of the per country limitations ?may apply for, and the Attorney General may grant, an extension of such non-immigrant status until the alien?s application for adjustment of status has been processed and a decision made thereon.?

The internal memo may be pointing to the the use of the word ?may? to suggest that the H1B extension under 104(c) is discretionary and that Attorney General could just choose not to grant those extensions.

However, there is another section of AC-21, which uses slightly different language for the exemption from the six-year limit in one year increments:

Section 106(a) says that the six year limit ?shall not apply? to any non-immigrant alien previously issued a visa or otherwise provided H1B status on whose behalf a petition has been filed, if 365 days or more have elapsed since:

(1) the filing of a labor certification application on the alien?s behalf; or
(2) the filing of the I-140 petition.

Further, ?the Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien?s lawful permanent residence.?

So, it comes down to semantics ("may" and "shall" instead of "must" and "should") and what the congress intended to do for those who had approved I-140 petitions but are in H1B status beyond the 6-year limit. It will be interesting to see how this turns out.

[crazyforger]

Don't waste your time and energy thinking about stuff like this. I have done it and learnt my lesson :)
Wait for official announcement.