Under the law, the burden of proof in establishing eligibility for the visa petition extension is on the petitioner, regardless of whether USCIS previously approved a petition.
In a move that will make it hard for the renewal of H-1B and L1 visas, the Trump administration has announced that the burden of proof lies on the applicant even when an extension is sought. Senior Trump administration officials view the H-1B visa process as one extremely vulnerable to abuse by companies to get cheap foreign tech workers at the cost of USA tech personnel.
Under the previous policy, if a person was once found to be eligible for a work visa initially, they would usually be considered for extension of their visa.
Although the thing seems a mere formality, the truth is that it is fussy bureaucrats to add more letters to the small print with the sole goal of giving the green light the already annoying immigration agents to fuck shaft foreign workers with the argument of protecting "the highest interests" of American workers. And, requests to extend visas will be checked for eligibility again, even if all details in the application are unchanged from the original one. This comes at a time when External Affairs Minister (EAM) Sushma Swaraj on told US Secretary of State Rex Tillerson that the US must not take any decision that adversely impacts Indian people.
The new policy is according to the Trump administration's aim that the American workers need to be protected from discrimination and replacement by foreign labourers.
Rescinding more than the 13-year-old policy, US Citizenship and Immigration Services (USCIS) claimed that the burden of proof lies on the applicant even when the extension is sought. "In this regard, we have also discussed the very significant contribution to the United States economy of Indian skilled professionals who travel and work under the H1-B and L-1 visa programmes", said Swaraj.
"In adjudicating petitions for immigration benefits, including non-immigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought. The burden of proof to establish that eligibility will, in any case, be the responsibility of the applicant".