All US workers, living and working in the country under an H-1B visa so far, may face deportation in case their legal stay in the US has expired.
In a bid to narrow the number of foreigners in the country, under the America First policy of Trump administration, the US Department of Homeland Security came up with the proposal to force leave workers under H-1B visa who were waiting for their Green Cards, earlier this year.
However, the federal agency will apply this rule only to those whose status of residence in the US has expired due to denial of visa extension application. Which means, employment-based petitions and humanitarian applications and petitions will not be affected by such policy.
The US Citizenship and Immigration Services (USCIS) will start the application of this rule by firstly sending Notices To Appear (NTA) to those who were denied visa extension or change in status. The NTA is the first step towards deportation of foreign nationals. It is an invitation for the foreigner in the US to appear in front of an immigration judge. The first people to receive a NTA due to this rule will be those with criminal record, fraud or national security concerns.
On the other hand, the current holders of H-1B visa will be provided on details how they can get the information regarding their period of authorized stay, check travel compliance and validate departure from the US.
Such a move comes just days after the US administration told to a federal court that within the next three months, it would come with a decision on the revocation of work authorizations for H-4 visa holders.
The H-4 visa is issued to immediate family members of the H-1B visa holders, which includes only the spouse and children under 21 years of age. Whereas, the H-1B program allows skilled workers to come to the US to work for a certain company. As per now, those residing in the US under an H-1B visa can apply for a visa extension of 3 years.