The United States administration will start from Oct.1 the first step of removal proceedings for immigrants who have been overstaying in the country even after being denied visa extension, the U.S. Citizenship and Immigration Services (USCIS) has announced.
The new policy memorandum in this regard was announced in June this year, and will be implemented from Oct.1, the USCIS said on Sept. 26.
The first step in the process of deportation will be issuing Notices to Appear (NTA) to people whose visa applications have been denied, or extension or any other kind of status change has been rejected, according to the recent USCIS statement.
The federal agency will send denial letters for status-impacting applications that ensure benefit seekers are provided adequate notice when an application for a benefit is denied. If an applicant is no longer in a period of authorized stay and does not depart the United States, the USCIS may issue the notice to appear before an immigration judge.
The USCIS will provide details on how applicants can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States.
However, in what may come as a relief to H-1B visa holders, who are mostly Indian technology professionals, the USCIS said that the new rule would not be implemented with respect to employment-based petitions for the time being.
“The June 2018 NTA Policy Memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time. Existing guidance for these case types will remain in effect,” the statement said.
It also made clear that USCIS will continue to use its discretion in issuing NTAs for individuals with criminal records, or those accused of fraud, or national security concerns.
“There has been no change to the current processes for issuing NTAs on these case types, and USCIS will continue to use its discretion in issuing NTAs for these cases,” according to the statement.
The notice issued on June 28, titled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum (PM)” said that USCIS will issue the immigrant a Notice to Appear (NTA) before an immigration court if, upon the denial of an application or petition, the applicant is “unlawfully present in the United States.”
A significant surge in the denial rate of H1-B visa applications was shown in the latest data released by the National Foundation for American Policy (NFAP). It said that between July and Sept.2017, the United States denied H-1B visas to 23.6 percent of Indian applicants, up from 16.6 percent in the previous three months.
Earlier this month, India asked the United States to take a balanced and sensitive view on the proposed changes in H-1B visa system as it affects citizens-to-citizens links, which are essential to bring energy into the Indo-U.S. relations.