The world strongest economy ‘America’ is strongly implementing the revised immigration directives. The Trump administration is stringently executing the order -"Buy American, Hire American". It happened to secure the rights of native-Americans who fail to get employment amid outsourcing of the talent from India, China or other countries.

The TOI published the statement of the US Citizenship and Immigration Services (USCIS) director ‘L Francis Cissna’ while spotlighting the NRI services. His statement depicted his joy over the implementation of prohibitory law in regard of immigration. It explicitly spotlights the favour of the US citizens through banning the replacement of American workforce by an H1B visa holder.

 

What’s H-1B visa?

The H-1B visa is a work-based employment visa. The USCIS, a competent authority to look into the immigration matters in the USA, holds the right to accept or reject the work-visa applications. It also puts the stamp on the ‘Change of Status’ document to extend the validity of the visa.

A United States-based employer files petition for this visa on behalf of the visa seeker. Every year, the aforementioned immigration authority receives 85,000 visa applications. But many of the Indian with H-1B visa exceeds their limit of visa. Thereby, they face off these consequences:
 

Consequences of Overstaying Visa:

1. Issuance of NTA: The immigration authority got alarmed with the rising number of overstaying visa tenure. After assessing the criticality of this situation, it has started issuing the NTA (Notice-to-Appear). The NTA determines the deportation has been initiated. With it, the nightmare begins for the Indian diaspora. The expats from India have to stay there for a judicial hearing before an immigration judge, if their request for a visa extension is rejected.

2. Serve work-authorization: They have to apply for the same at least six months prior to the visa expiry, now. The employees undergo serving work-authorization for 240 days. Erstwhile, such individuals were quickly returned to India.

3. 5-year bar on re-entry to the US: The overstaying visa is termed as an offence. The immigrants have to wait in the country until the hearing wraps up. Otherwise, they won’t be permitted to re-enter the US territory for at least 5-year.

4. 10-year bar on overstaying visa for a year: If an immigrants illicit stay exceeds a year, his/her entry would be banned for 10-year for this unlawful practice.
 

What norms must the NRIs follow to avoid deportation and judicial trial?

1. Avoid engaging in MLM (Multi-Level Marketing).
2. Reside within a diameter of 50 miles of the workplace. If your residence is farther away than this limit, you should make sure to attain two LCAs (Labour Condition Applications)-one for home and another for the workplace.
3. Don’t do freelancing or MLM on a regular basis. The USCIS officer could visit your site anytime.
4. Maintain the harmony and ethics, if you’re a consultant.
5. Keep the visa expiry date in mind. Apply for its extension at least 6 months before its expiry.
6. Initiate PERM process when you enter the 4th year of H1B visa. It is the process of procuring a labour certification which marks the initiation of the green card process. It is compulsory for the immigrants.
7. Don’t get into the heated debate over any political issue at the workplace.
8. Maintain fraternity with the neighbours and vendors.
9. Don’t behave like a racist.
10. Maintain the decorum in the office. Flirting in the workplace might be punishable.
11. Avoid drink while driving.
12. Don’t delve in prostitution.
13. Be a good taxpayer. Always make tax payments on time. Also, don’t be overzealous when it comes to filing the tax.
14. Always stay aware of the fact that you’re in the US territory.
15. Keep in your mind that you’re working there temporarily.

Violation of aforesaid norms could result in grave consequences. Apart from deporting, you might be sentenced apart from paying a fat penalty.

If your visa is expired, you might hire a solicitor to file a petition pertaining to sending you quickly to your country.