H-1B saga continues: USCIS director would 'love it' if law prevented American jobs from going to visa-holders

The debates and comments surrounding the H-1B visa seem never-ending and it is probably one of the most discussed topics since Donald Trump was elected as the president of the United States.

While the Trump admin has already made several tweaks to the norms, the director of the United States Citizenship and Immigration Services (USCIS) has now said that it would be really good if there was a law to prevent American jobs from going to H-1B visa holders. In fact, L Francis Cissna is even ready to draft the law.

"I would really love it if Congress would pass a provision prohibiting American workers being replaced by H-1B workers. I could draft it myself, probably right now, you know?" Cissna, a lawyer and director of the USCIS, said during an "Immigration Newsmaker" event in Washington DC, on August 15, reported the Times of India.

Cissna also went on to add that immigration policy should not be taking away jobs from Americans and instead aim to award H-1B visas to only those foreign workers who are highly qualified and who the US needs.

"A simple fix, for example, just banning the ability of employers to fire American workers and replace them with H-1Bs," he added.

And the comment has evidently not gone down well with Indian workers, hundreds of whom are in the US on H-1B visa. As per the USCIS, 3.65 lakh applicants were granted H-1B visas in the 2017 fiscal year, out of which 75.6 percent went to workers born in India.

The USCIS has constantly been revising its policies for a while now and it has become tougher for applicants to get the H-1B visa. On July 13, the USCIS announced a policy as per which officials can now outrightly reject visas if the required "initial evidence" isn't submitted or isn't enough to prove one's eligibility for the visa. The new rule comes into effect on September 11.

Not just new applicants, the rule will affect even those who may be applying for an extension of the H-1B visa, in which case they will be at the risk of being deported.

The new policy rescinds the earlier norm, as per which the officials were required to issue a Request for Evidence (RFE) so that the applicants would have another chance to provide more evidence to prove their eligibility. The official could then deny the visa only if the additional documents couldn't rectify any error or prove the applicant's eligibility.

Justifying its move, the USCIS said that the new policy would help curb fraudulent applications. "For too long, USCIS officers uncovering instances of fraudulent or criminal activity have been limited in their ability to help ensure U.S. immigration laws are faithfully executed," Cissna had said at the time.

"This updated policy equips USCIS officers with clear guidance they need and deserve to support the enforcement priorities established by the president, keep our communities safe, and protect the integrity of our immigration system from those seeking to exploit it."

However, the policy has faced resistance from several people, who believe that the Trump administration has handed over too many powers to the visa officials.