Is the H1-B Visa Policy of the USA the Trump Trap initiated by the anti-immigration administration? - letsdiskuss
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Brij Gupta

Optician | Posted on | News-Current-Topics

Is the H1-B Visa Policy of the USA the Trump Trap initiated by the anti-immigration administration?


Entrepreneur | Posted on

If there is anything in the Trump election manifesto that the Republican President has stayed true to, then it is his intolerance for immigrants. From a seven-country ban in the Middle East, that made his policies the ***** of many jokes, to deporting the illegal immigrant parents of US born children, the man has shown immense commitment in uprooting ‘foreigners’ from US soil.

His latest game? The H1-B visa policy that is sure to send a few people flying back to their countries indefinitely. Let’s take a look at how it happened –

1. The policy states that H1-B visa holders have a 240-day work authorization period after their visa has expired. The processing time of the application by authorities could extend far beyond that because of the backlog.

2. Once the visa has expired, one has to stop working and wait for a hearing with an immigration judge – if they leave the country during this period, they can face a 5-year ban.

3. If they complete an year of illegal stay after their H1-B visa expiry, they can be subjected to a 10 year ban.

What about green card applicants?

Trump doesn’t give any sort of protection to green card applicants and unless the application is in the last stage called ‘Adjusting of status’, one will be considered an illegal immigrant. This status could take a decade time for Indian born people!

What’s the way out?

Once a H1-B visa is denied, a person may be served a notice to appear or NTA in front of the immigration judge. This hearing could take months and one has to plead for voluntary departure – in which case they can go back to their home country and wait for their employer to get reapply. The process is strenuous and once denial is followed by an NTA, a H1-B visa holder is pretty much *****.

The only real way out of this is to make sure that one files renewal of their H1-B at the earliest permissible limit, which is 6 months and opt for premium processing that charges more, but gets the job done quicker!

As for the Trump tramp for immigrants, it just goes to show how the US government is going to make lawful immigrants go through a maze of bureaucratic harassment until they are willing to give up, or caught in the trap!