Relief for Indian techies as US junks H-1B tweak

WASHINGTON: In a breather for foreign tech workers, particularly Indians, the Trump administration on Monday announced it was not considering any proposal that could force deportation of hundreds of thousands of H-1B visa holders by denying them extensions beyond the maximum permissible period of 6 years, as they waited for permanent residency.

“USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6 year limit. Even if it were, such a change would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead,” said Jonathan Withington, chief of media relations at US Citizenship and Immigration Services (USCIS), the agency that oversees H-1Bs. “The agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American executive order, including a thorough review of employment-based visas,” he added.

The announcement came as a major relief to Indian H-1B holders waiting for their Green Cards who were at risk of deportation if a proposal seeking to end extensions to visas under this programme had been accepted.

Immigration Voice, an advocacy group campaigning for a better deal for H-1B workers, mostly from India, was the first to flag the development.

“We are ECSTATIC to share this Breaking News,” it said in a Facebook post and claimed it had succeeded “in protecting its members and getting USCIS to change its policy regarding H-1B renewal.” It added: “USCIS has announced to us that it is retracting its policy to deny all H-1B visa through (beyond) year 6 based on section 104. This is a GREAT development. And we thank USCIS to make (for making) the right decision.”

The proposal sought to end the provision of granting extensions to H-1B visa holders whose applications for permanent residency had been accepted. Around 500,000 to 750,000 Indian H-1B visa holders could have been deported if the administration decided to go ahead with the proposal.