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Rajiv's News Clips - H-1B visa denials at all-time high

Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said, “Rate of denials have gone up across the board in all legal immigration cases, especially (relating to) H-1B visas. The government has created an environment where the responses for the RFEs have increased from 30-50 pages to 600-1,000 pages for an H-1B case. It has increased its own burden of processing cases and that’s why cases are taking much longer to process than they used to.”

Team Notes: 
Immigration.com: 

Rajiv's News Clips - US officials site-visiting cos hiring STEM-OPT trainees

“A STEM-OPT employer must not assign, or otherwise delegate its training responsibilities to a non-employer third party such as the client’s employees,” explains Rajiv Khanna, Managing Attorney at Immigration.com

For more on this news please read the attached file.
Immigration.com: 

Rajiv's News Clips - H-1B cap for India? It’s not easy and may need approval by US Congress, say experts

Rajiv S Khanna, Managing Attorney at Immigraiton.com told TOI: “Changes like imposing per country limits on H-1B visas will most likely require a legislative mandate, which can only be secured through amendment of laws passed by both Houses of the Congress (US Parliament). It is highly unlikely that a provision like this will make it through the Democrat-controlled House of Representatives. Neither visa extensions nor new H-1B visas can be affected in such a profound manner through an executive order or action without legislative mandate.

Immigration.com: 

Rajiv's News Clips - New US Bill seeks to end optional practical training

“A bill that proposes to take away over a quarter of a million temporary positions, primarily in STEM, makes little sense in an economy that has less than 4% unemployment,” says Rajiv S Khanna, managing attorney at immigration law company Immigration.com.

For more on this news please read the attached file. 

Team Notes: 
Immigration.com: 

Rajiv's News Clips - 15 day premium processing for H-1B applications begins on Monday

“For employees who are coming from outside the US, premium processing will offer a great deal of comfort in knowing where a case stands. If the application is denied, which is quite common these days, there will be enough time to appeal or litigate it before the October 1, start date,” Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI.

For more on this news please read the attached file.

Immigration.com: 

Rajiv's News Clips - Revised US visa forms to ask most applicants to furnish 5-year social media history

“The outcome will be more delays and expansion of the consular power to deny visas that have been traditionally exempt from too many problems, such as H-4 and L-2 visas for derivative beneficiaries (spouses and dependent children of H-1B and L-1 visas holders). Already, consulates enjoy plenary powers in visa decisions. We cannot challenge visa denials, unless egregious and obvious illegality can be demonstrated. These questions combined with unfettered power are just a part of the invisible wall against lawful visitors,” Rajiv S. Khanna, managing partner at Immigration.com told TOI. 

Team Notes: 
Immigration.com: 

Rajiv's News Clips - Bad news for H-1B visa holders: Trump administration advances process to scrap work permit for spouses

However, even if this proposal goes through, it would take a while for it to take effect. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," Rajiv S. Khanna, managing attorney at immigration law firm Immigration.com, told the Economic Times. The administration is obligated to comment before publishing and implementing the final rule, a process that could take as much as a year, he added.

Team Notes: 
Immigration.com: 

Rajiv's News Clips - US govt starts process to ban work permits for spouses

Rajiv S Khanna, managing attorney at immigration law firm Immigration.com, said it could take as much as a year for the visa programme to get scrapped. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," said Khanna. The administration is obligated to comment before publishing and implementing the final rule, a process that could take several months, he added.

Team Notes: 
Immigration.com: 

Rajiv's News Clips - Donald Trump’s agenda: New rule to rescind spouse’s right to rescind spouse’s right to work out in May

“The term speciality occupation is defined in the Immigration and Nationality Act, so a definition change cannot be brought about by mere agency regulation,” Rajiv S. Khanna, managing attorney at Immigration.com told TOI. 

“Unfortunately, the definitions of employment and employer-employee relationship are not provided in the statute. That definition can be tinkered with. But to what degree it can be redefined remains to be seen,” he adds. 

Team Notes: 
Immigration.com: 

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