New US Rule on Deportation Could Have Major Impact on Indian H-1B Visa Holders

The US is set to start implementing a rule that will allow initiation of deportation process of people whose legal status to stay in America has expired due to reasons such as denial of visa extension application or change in status.

But this will not immediately affect H-1B visa holders as for the time being, this policy will not be implemented with respect to employment-based petitions and humanitarian applications and petitions.

The new rule will be implemented from October 1, said US Citizenship and Immigration Services (USCIS), the agency tasked with granting visa or its extension to non-immigrants.

Under the new rule, the USCIS will issue notices to appear (NTA) to people whose applications regarding visa extension or changes in status have been denied. NTA is considered the first step towards deportation of foreign nationals who do not have valid documents to legally stay in the US.

USCIS said it will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied.

It said it will provide details on how applicants can review information regarding their period of authorised stay, check travel compliance, or validate departure from the US.

The federal agency will continue to prioritise cases of individuals with criminal records, 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," it said, according to news agency Press Trust of India.