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by boysabr3 3096 days ago
The entire article can be summarized in these 3 lines:

> The proposal is based on the power of discretion given to USCIS officials to decide on extensions to be given to H-1B holders waiting for Green Card. They could choose to extend from one to three years, and often chose the maximum of three, and granted some visa holders as many extensions as needed. “If it has been left to their discretion,” said a lobbyist. “They can theoretically decide not to grant any extension at all.”

A better title could be: Deportation of more H1-B holders possible as Trump admin proposes pushing visa ext. discretion to USCIS officials.

I don't know much about how the USCIS makes decisions — are they likely to decline all/most visa extension requests for Indians waiting for green cards?

1 comments

This is the crucial point:

> The proposal circulated in the form of an internal memo in the Department of Homeland Security (DHS), which oversees citizenship and immigration, intends to end the provision of granting extensions to H-1B visa holders whose applications for permanent residency (Green Card) had been accepted.

It has always been at discretion of USCIS, who usually follow internal policy - in practice it is like a law, but more flexible and easier to change for lawmakers. Until now the policy has generally been to allow visa extension indefinitely while waiting for a green card, and this memo may end that.