US to start deporting overstayed foreigners from 1 October; H-1B visa holders exempt

US to start deporting overstayed foreigners from 1 October; H-1B visa holders exempted from policy

World Press Trust of India
Sep 27, 2018 08:43:19 IST

Washington: From Monday, the US would start implementing a new rule which allows initiation of deportation process of people whose legal status to stay in America has expired for reasons such as denial of visa extension application or change in status, officials said.

However, in a relief to H-1B visa holders, a federal agency tasked with this said that for the time being this policy will not be implemented with respect to employment-based petitions and humanitarian applications and petitions.

https://res.cloudinary.com/firstpost...ag_reuters.jpgRepresentational image of US flag. Reuters
US Citizenship and Immigration Services (USCIS), tasked with granting visa or its extension to non-immigrants, said Wednesday they will start taking an incremental approach to implement the new rule from 1 October.

Under the new rule, they will issue notices to appear (NTA) to people whose applications regarding visa extension or changes in status have been denied. NTA, in immigration law parlance, is considered the first step towards deportation of foreign nationals who do not have valid papers to legally stay in the US. It is a document that instructs an individual to appear before an immigration judge.

Given that in recent months, applications of extension of H-1B visa holders have been denied, a significant number of whom are Indian nationals, the new rule could have a major impact on Indians living in the US. But for the time being, issue of NTA to those categories have been put on hold.

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.

Updated Date: Sep 27, 2018 08:43 AM

https://www.firstpost.com/world/us-t...y-5271081.html

Ghana-U.S. reach diplomatic agreement to deport 7,000 persons

In other words, the feds will not start deportation proceedings on the H1B imported work forces of the big corporations and political donors. :(

American laws should be enforced equally against all illegal aliens including H1B visa holders who overstay or violate their visa status in any way.

These foreign workers on these Visas need to pay a 15% Privilege Tax with 15% Employer Matching in payroll taxes!

Put every dime into our Social Security and Medicare Funds...they get NONE of it.

If these employers have to pay the matching they will stop importing this cheap labor!

Make it not so CHEAP to hire them!

They take our jobs, housing, overcrowd our roads, schools, healthcare system, do not pay the taxes and the employer gets off the hook!

Thousands Could Be Deported As Government Targets Asylum Mills' Clients

Aliens Employed in the U.S. Social Security Taxes | Internal Revenue ...
https://www.irs.gov/...taxpayers/aliens-employed-in-the-us-social-security-taxes
Mar 30, 2018 - Wages paid to nonresident aliens employed within the United States by an American or foreign employer, in general, are subject to Social Security/Medicare taxes for services performed by them within the United States, with certain exceptions based on their nonimmigrant status.

Can immigrants be deported without a court hearing? - CNNPolitics

https://www.cnn.com/2017/03/03/politics/deportations...court-hearings/index.html
Mar 3, 2017 - Those who overstay a visa waiver don't have a right to a hearing, ICE says; . . .

Can immigrants be deported without a court hearing?

New U.S. Rule for Deporting Immigrants to Start from Oct. 1

https://mk0littleindiag9wush.kinstac...rt-660x400.jpg

JFK International Airport in New York.Photo: Bigstock

From Oct. 1, U.S. Citizenship and Immigration Services will start issuing Notices to Appear to people whose applications regarding visa extension or changes in status have been denied.

By Little India Desk | September 28, 2018

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.

https://littleindia.com/new-u-s-rule...rt-from-oct-1/

Flashback: Seven 9/11 Hijackers Overstayed Their Visas, Were Never Deported

Issue "Notice to Appear" and then load them up on transport and DEPORT them on the spot.

Do not release them back on our streets!

They had better sell out, pack up and get out before they are caught.

Deport them with nothing!

I would much rather a law enforcement agency is created to deal with visa overstays where they can track them down, cuff them and deport them within 48 hours of apprehension!

WE WANT THEM OFF OUR SOIL!